CTR049573-Aarete_Proposal.pdf

Request for Proposal Solicitation No.

BPM001998

Data Management Services

Arizona Department of Administration State Procurement Office

100 N 15th Ave., Suite 402 Phoenix, AZ 85007

PART 3 of the Solicitation Documents Template version 4.0 (16-NOV-2018)

SECTION 3-B: Offer Forms Page 15 of 91 3

A v a i l a b l e o n l i n e a t : A P P . A Z . g o v

Attachment 1 Offer and Acceptance Form

SUBMISSION OF OFFER: Undersigned hereby offers and agrees to provide Workers' Compensation Cost Containment, Claim Management and Administration Services in compliance with the Solicitation indicated above and our Offer indicated by the latest dated version below:

Initial Offer:

1. 11/20/2019

Date initial

Revised Offers:

2. x x 3. x x 4. x x date #1 initial date #1 initial date #1 initial

5. x x 6. x x 7. x x date #4 initial date #5 initial date #6 initial

Best and Final Offer:

8. 03/23/2020 Date initial

AArete LLC

Offeror company name Signature of person authorized to sign Offer

200 E. Randolph St., Suite 3010 Madhav Nadendla, Managing Director

Address Printed name and title

Chicago, IL 60601 Justin Wilson, Director

City | State | ZIP Contact name and title

26-2000001 jwilson@aarete.com 312.505.4109

Federal tax identifier (EIN or SSN) Contact Email Address Contact phone number

CERTIFICATION: By signature in the above, Offeror certifies that it:

1. will not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, [Arizona] State

Executive Order 2009-9 or A.R.S. §§ 41−1461 through 1465;

2. has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. Failure to provide a valid signature affirming the stipulations required by this clause will result in rejection of the Offer. Signing the Offer with a false statement will void the Offer, any resulting contract, and may be subject to legal penalties under law;

3. complies with A.R.S. § 41-3532 when offering electronics or information technology products, services, or maintenance; and

4. is not debarred from, or otherwise prohibited from participating in any contract awarded by federal, state, or local government.

ACCEPTANCE OF OFFER: State hereby accepts the initial Offer, Revised Offer, or Best and Final Offer identified by the latest date and number at the top of this form (the Accepted Offer). Offeror is now bound (as Contractor) to carry out the Work under the attached Contract, of which the Accepted Offer forms a part. Contractor is cautioned not to commence any billable work or to provide any material or perform any service under the Contract until Contractor receives the applicable Order or written notice to proceed from Procurement Officer.

State’s Contract No. is: ________________ The effective date of the Contract is: __________ Contract awarded _________ Date Date

Procurement Officer Signature Procurement Officer Printed Name

05/04/2020 2020 05/01/2020 CTR049573

Sabina B. Moore

AArete LLC

March 23, 2020

Attention: Sabina Budimlija Moore

AArete Contact

Madhav Nadendla

Managing Director mnadendla@aarete.com

847-525-7025

Arizona Department of

Administration

Request for Proposal Solicitation No. BPM001998

Data Management Services mailto:mnadendla@aarete.com

BPM001998

Description:

Data Management Services

Arizona Department of Administration

State Procurement Office

100 N 15th Ave., Suite 402 Phoenix, AZ 85007

PART 3 of the Solicitation Documents

Template version 4.0 (16-NOV-2018)

Transmittal Letter

A v a i l a b l e o n l i n e a t : A P P . A Z . g o v

Arizona Department of Administration

Procurement Officer: Sabina Budimlija Moore

Dear Ms. Moore, AArete* is delighted to propose our services to the State of Arizona in response to Request for Proposals

(RFP) BPM001998, Data Management Services. AArete has a proven track record in delivering complex digital and information management programs across various industries, including Public Sector, Healthcare, Transportation, Financial Services, Education, and Retail and Consumer.

AArete is prepared to support Arizona’s mission of streamlining processes and achieving greater efficiencies for all Eligible Agencies and Co-Op Buyers (Customers). In line with that mission is AArete’s philosophy of

“Humanizing Data for Purposeful Change”. We are dedicated to driving success and realizing results for our clients, and to deliver on this promise, we bring the following to the State and Customers:

A senior level team with decades of experience in both the private and public sectors

Expertise in assessing, evaluating, designing, and deploying systems – infrastructure, data architecture, BI platforms, etc.

Team of data scientists in our Center of Data Excellence (CODE) with deep analytics capabilities and expert-level proficiencies on database/information management applications, business intelligence, and predictive modeling

A commitment to remaining on the front end of technology advances in data and analytics

A deep, expansive talent pool and network, with the ability to deploy the resources most knowledgeable and suitable for the give Task Order (TO)

A holistic suite of solutions that drives results across a multitude of technology planes

A flexible and qualified organization that is focused on client service and exceeding the stated goal

A commitment to meet and exceed the stated goal

In summary, AArete is committed to providing services to the Eligible Agencies with excellence and passion, and is prepared to demonstrate that commitment throughout our engagement.

Sincerely, D. Skip Behm | CFO/COO sbehm@aarete.com | 630-664-3944

*Please note that throughout this document, language referencing AArete experience and qualifications includes

AArete Technology Services, formerly known as Third(i), which was acquired by AArete in 2019.

https://procure.az.gov/bso/ mailto:sbehm@aarete.com

BPM001998

Description:

Data Management Services

Arizona Department of Administration

State Procurement Office

Table of Contents

Page 1 of 91 3

Part 3 of the Solicitation

SECTION 3-A: INSTRUCTIONS TO OFFERORS

SECTION 3-B: OFFER FORMS (ATTACHMENTS)

ATTACHMENT 1 ........ OFFER AND ACCEPTANCE FORM

ATTACHMENT 2-A .... EXPERIENCE AND CAPACITY QUESTIONNAIRE

ATTACHMENT 2-B .... ORGANIZATION PROFILE

ATTACHMENT 3-A .... METHOD PROPOSAL (METHOD OF APPROACH)

ATTACHMENT 3-B .... KEY PERSONNEL PROPOSAL

ATTACHMENT 3-C ... PROPOSED SUBCONTRACTORS

ATTACHMENT 3-D ... BOYCOTT OF ISRAEL DISCLOSURE

ATTACHMENT 4 ........ PRICING SHEET

ATTACHMENT 5-A .... CONFIDENTIAL INFORMATION DESIGNATION

ATTACHMENT 5-B .... CONFORMANCE STATEMENTS

ATTACHMENT 5-C ... LETTER OF INSURABILITY

ATTACHMENT 5-D ... ARIZONA BASELINE SECURITY CONTROLS

ATTACHMENT 5-E .... OFFER CHECKLIST

BPM001998

State Procurement Office

SECTION 3-A: Instructions to Offerors

Page 2 of 91 3

Section 3-A: Instructions to Offerors

1.0 Definition of Terms

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

1.1 Arizona

Procurement

Code;

A.R.S.;

A.A.C.

“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://spo.az.gov/administration-policy/state-procurement-resource/procurement-regulations

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

http://www.azleg.gov/ArizonaRevisedStatutes.asp

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 Clarifications “Clarifications” means, per A.A.C. R2-7-C313, communications between the

Procurement Officer and Offeror for the purpose of providing a greater mutual understanding of the Offer. Clarifications may include demonstrations, questions and answers, or elaborations on previously-submitted information.

1.3 Contract “Contract” is defined in paragraph 1.2 of the Uniform Terms and Conditions.

1.4 Contract

Amendment “Contract Amendment” is defined in paragraph 1.3 of the Uniform Terms and

Conditions.

1.5 Contract Terms

and Conditions Contract Terms and Conditions” is defined in paragraph 1.8 of the Special Terms and Conditions.

1.6 Contractor “Contractor” is defined in paragraph 1.4 of the Uniform Terms and Conditions.

1.7 Evaluation “Evaluation” means, per A.A.C. R2-7-316, the process whereby the Procurement

Officer will determine which Responsive offers, revised offers, and best and final offers are the most advantageous to State taking into consideration the evaluation factors set forth in the Solicitation Documents.

1.8 Negotiation “Negotiation” means, per A.A.C. R2-7-101(32), an exchange or series of exchanges between State and an offeror for the purposes set forth in A.A.C. R2-7-C314.

1.9 Not Susceptible

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

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

SECTION 3-A: Instructions to Offerors

Page 3 of 91 3

1.10 Offer:

Initial Offer;

Revised Offer;

Best and Final

Offer (BAFO)

“Initial Offer” means, per A.A.C. R2-7-101(33), Offeror’s proposal submitted to State in response to the Solicitation, as initially submitted.

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

R2-7-C315.

“Best and Final Offer” (“BAFO”) means, per A.A.C. R2-7-101(8), the Revised Offer submitted after negotiations have been completed that contain Offeror’s most favorable terms for price, service, and products to be delivered.

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

Revised Offer, or the Best and Final Offer.

1.11 Offeror “Offeror” is the Person submitting an Offer; instructions addressed to “you” and references to “your” items are to be construed as being synonymous with “Offeror” and “Offeror’s” throughout these Instructions to Offerors.

1.12 Pricing

Document “Pricing Document” means Section 2-B of the Solicitation Documents. Also known as Pricing Document as defined in the Special Terms and Conditions.

1.13 The State’s e-

Procurement

System

“The State’s e-Procurement System” is defined in paragraph 1.16 of the Special

Terms and Conditions.

1.14 Procurement

Officer “Procurement Officer” means the person, or his or her designee, who has been duly authorized by State to administer the Solicitation and make written determinations with respect to the Solicitation. The Procurement Officer is identified in The State’s e-

Procurement System.

1.15 Solicitation “Solicitation” means this procurement solicitation, which State is issuing as either:

1. an invitation for bids (“IFB”) under A.R.S. § 41-2533;

2. a request for proposals (“RFP”) under A.R.S. § 41-2534;

3. a request for quotations (“RFQ”) under A.R.S. § 41-2535; or

4. a request for qualifications under A.R.S. §41-2558.

Refer to the Solicitation Summary for which of the foregoing is this Solicitation.

1.16 Solicitation

Amendment “Solicitation Amendment” means, per A.A.C. R2-7-303, a change to the Solicitation that has been issued by Procurement Officer.

1.17 Solicitation

Summary “Solicitation Summary” means Section 1 of the Solicitation Documents.

1.18 State “State” is defined in paragraph 1.11 of the Uniform Terms and Conditions.

1.19 Subcontract “Subcontract” is defined in paragraph 1.13 of the Uniform Terms and Conditions.

1.20 Subcontractor “Subcontractor” is defined in paragraph 1.19 of the Special Terms and Conditions.

SECTION 3-A: Instructions to Offerors

Page 4 of 91 3

2.0 Solicitation Inquiries

2.1 Duty to

Examine Examine the entire Solicitation, obtain clarification in writing for any questions or concerns by submitting inquiries, then examine your Offer thoroughly and carefully for completeness and accuracy before submitting it. Lack of care in preparing an

Offer will not be grounds for modifying or withdrawing it after the due date and time.

2.2 State 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 e-Procurement 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 e-Procurement System.

The Procurement Officer will not respond to inquiries received in any other manner.

1. Submit technical inquiries about navigating and/or submitting proposals in the

State’s e-Procurement System to the State’s e-Procurement System Help

Desk:

by phone at (602) 542-7600, option2; or by email to app@azdoa.gov.

2. Submit all other inquiries about the Solicitation using the “Discussions with

Buyer” tab in the State’s e-Procurement System. Always refer to the appropriate Solicitation document by page and paragraph number. Except for technical inquiries about navigating and/or submitting proposals in the State’s e-Procurement system, the State is not responsible for responding to any inquiries submitted less than three (3) business days before the Bid/Offer due date and time.

2.4 Timeliness Any inquiry or exception 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.

2.5 Verbal or Email

Responses An Offeror shall not rely on verbal responses to inquiries. A verbal reply to an inquiry does not constitute a modification of the solicitation.

2.6 Solicitation

Amendments Only a Solicitation Amendment issued in The State’s e-Procurement System can change the Solicitation.

2.7 Pre-Offer

Conference A Pre-Offer Conference will be held at the time and place indicated in the solicitation’s

“Process” field as found within the State's e-Procurement system, (https://app.az.gov);

attendance is not required. The purpose of the conference will be to clarify the contents of the solicitation in order to prevent any misunderstanding of the State of Arizona's position. Any doubt as to the requirements of the solicitation or any apparent omission or discrepancy should be presented to the State at the conference. The State of

Arizona will then determine the appropriate action necessary, if any, and issue a written amendment to the solicitation if required. Oral statements or instructions will not constitute an amendment to the solicitation.

Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, or this document in an alternative format, by contacting the State

SECTION 3-A: Instructions to Offerors

Page 5 of 91 3

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

3.0 Offer Preparation

3.1 Online

Documents The Solicitation Documents are only provided online in The State’s e-Procurement

System; State will not provide any printed copies or other formats.

3.2 Electronic

Submissions When submitting an Offer, only include files that are Microsoft Word documents, Excel workbooks, or PowerPoint presentations and Adobe Acrobat documents.

Obtain advance approval before submitting files in any other format.

3.3 Deviations in

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

Specifications or other Solicitation technical requirements documents. Any un-identified deviation will be deemed void upon submission.

NOTE: Deviations are technical exceptions of a significant but not material nature, typically having to do with part/model numbers, details of attachments, mountings, clearances, internal configurations, etc., and are not to be confused with the material exceptions covered in paragraph 3.5.

3.4 Evidence of

Intent Every one of your Offer submissions (e.g. initial submission and any subsequent re-submission) must contain Attachment 1 [Offer and Acceptance Form] with a signature by your duly authorized officer, executive, principal, or agent. The signature will be deemed to signify your intent to be bound by that Offer and the terms of the Solicitation, and your representation that the information you have provided in that Offer is true and accurate.

3.5 Exceptions to

Solicitation

Documents

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

Documents, indicate “NO” on Attachment 5-B [Conformance Statement] and provide the required justification. Any exceptions taken elsewhere in an Offer or any of your preprinted or standard terms will be void in that Offer and without force or effect in any resulting contract.

3.6 Insurance

and Bonds Provide the evidence of insurance availability, evidence of insurance in place, evidence of bonding capacity, bonds in hand, or other security that are called for in

Attachment 5-C [Insurance and Bonding Evidence].

If you intend to withhold or redact any element of your evidence of insurance policy compliance required by Section 6.2 of the Special Terms and Conditions [Contractor

Insurance Requirements] on the grounds that it is confidential information, then you must claim it as such and submit the necessary substantiated justification with each Offer using Attachment 5-A [Designation of Confidential Information] and as per Instruction 4.7 Confidential Documents below.

Unless Procurement Officer has determined that your evidence documentation, or some or all your insurance program, is confidential information under paragraph 4.7, refusing after contract award to provide the complete, un-redacted copies of policies as called for in that exhibit will be a material breach of the Contract.

3.7 Identification of

Taxes in Offer State is subject to Arizona Transaction Privilege Tax as well as certain local sales/use taxes, as described in the Contract Terms and Conditions.

SECTION 3-A: Instructions to Offerors

Page 6 of 91 3

3.8 Excise Tax State is exempt from certain federal excise tax on manufactured goods; State will provide the necessary exemption certificates as evidence to the extent exemption applies to the Work.

3.9 Tax

Identification You must provide to State your federal employer identification number or social security number for the purposes of reporting monies paid under the Contract to appropriate taxing authorities. The submission is mandatory under 26 U.S.C.

§6041A. If the identifier provided is a social security number, State shall only use it for tax reporting purposes and only share it with appropriate government officials.

3.10 Disclosure If you are submitting an Offer despite having 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, then you must provide with that Offer the name and address of the governmental unit, the effective date, duration, and circumstances of the suspension, debarment, or other preclusion, and your justification for State to consider the Offer despite the suspension, debarment, or other preclusion. Include in your disclosure any suspension, debarment, or other preclusion that is pending, but indicate that it is pending.

3.11 Federal

Immigration

Laws

By signing an Offer, you will be deemed to have represented that both you and all your proposed subcontractors are in compliance with federal immigration laws and regulations relating to the immigration status of their personnel. State may, at its discretion, demand evidence of compliance during Evaluation, which you must provide promptly. Not providing the evidence will be grounds for Procurement Officer to determine that the Offer is Not Susceptible for Award.

3.12 Cost of Offer

Preparation State will not reimburse to you or any of your prospective subcontractors, suppliers, or consultants any costs associated with responding to the Solicitation.

3.13 Offshore

Performance of

Work Prohibited

Any services that are described in the specifications or scope of work that directly serve the State of Arizona or its clients and involve access to secure or sensitive data or personal client data shall be performed within the defined territories of the

United States. Unless specifically stated otherwise in the specifications, this paragraph does not apply to indirect or 'overhead' services, redundant back-up services or services that are incidental to the performance of the contract. This provision applies to work performed by subcontractors at all tiers. Offerors shall declare all anticipated offshore services in the proposal.

4.0 Submission of Offer

4.1 Required Offer

Content

INITIAL SUBMISSION:

Submit all of the Initial Offer content called for in Section 3-B: Offer Forms

(Attachments).

BEST and FINAL OFFER

Best and Final Offer (BAFO) must contain all of the Attachments indicated in the applicable Procurement Officer request for a Submitted Offer. Make revisions in response to the negotiations / discussions and the Procurement Officer’s Request for

Best and Final Offer in all applicable documents and pricing grid in the State’s e-procurement system.

SECTION 3-A: Instructions to Offerors

Page 7 of 91 3

4.2 Attachment

Forms 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 can be determined to be

Not Susceptible for Award if you submit an unofficial form.

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

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

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

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

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

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

4.3 Pricing Pricing must be shown in the EXCEL document titled as follows:

BPM001641 Attachment 4- Pricing Sheet

You must complete at least one (1) Optional Line Item or all Required Line

Items in the Items (F) tab in APP in order for your Offer to be considered.

4.4 Submission Submit each Offer online in The State’s e-Procurement System before the “Bid

Opening Date” indicated for the “Solicitation No.” State will not consider a proposal submitted by any other method other than The State’s e-Procurement

System, and it will be deemed void upon submission. By A.A.C. R2-7-C307, State will not consider later offers. State will give no extension or grace period for delays or incomplete proposals caused by internet connectivity problems, file uploading difficulties, or misunderstanding of the requirements or procedures for online submission in The State’s e-Procurement System. If your proposal is not submitted correctly, completely, and in conformance to these Instructions herein, then

Procurement Officer may determine it Not Susceptible for Award.

NOTE: Using the State’s e-Procurement System requires a certain level of technical competency; select your staff to submit proposals and handle other Solicitation general matters in The State’s e-Procurement System carefully, since the State’s e-

Procurement System Help Desk cannot do any of the required actions for you.

4.5 Solicitation

Amendments Acknowledge each Solicitation Amendment in The State’s e-Procurement

System. By A.A.C. R2-7-C303(C), you must acknowledge every Solicitation

Amendment issued as of the due date and time for an Offer to be Responsive. To be

Responsive you must submit or re-submit your offer. If you have submitted your proposal early, you must be alert for subsequent Solicitation Amendments if one is issued after your submission but before Bid/Offer due date and time, then the

Procurement Officer may determine the Offer to be Not Responsive if you have not acknowledged it.

SECTION 3-A: Instructions to Offerors

Page 8 of 91 3

4.6 Amending or

Withdrawing You cannot amend or withdraw a submitted proposal after the Bid/Offer due date and time unless expressly permitted under applicable law.

4.7 Confidential

Information If you believe that a portion of your Offer (or a protest or other correspondence) contains a trade secret or other manner of your proprietary information, you must:

1. indicate on Attachment 5-A [Designation of Confidential Information] that your proposal contains such claimed confidential information; and,

2. Separate the documents you claim to be confidential from the offer documents and upload them separately following the instructions in the Arizona

Department of Administration Procurement page under AZ Procurement Portal -

APP for Suppliers Tab. Click on the Supplier Reference Guides, scroll down to How to Add Confidential Documents to a Response. https://spo.az.gov/app/supplier/QRG and,

3. Upload each document you claim to be confidential separate from each other and follow the naming convention:

Section_A_Supplement_Your file Name_Confidential.

Simply indicating that the proposal contains confidential information is not sufficient to claim the protections under A.A.C. R2-7-C317 – Attachment 5 A must be accompanied by a detailed explanation as to why each item or category of items in the proposal should be designated confidential information.

Submit Confidential Information/Documentation as a Supplement(s) to Section 5-A, follow the naming convention: Section_A_Supplement_Your File Name_Confidential.

DO NOT incorporate information you are requesting to be determined as

Confidential in any other section of your response. If the Confidential information is to be responsive to another Section/Question, simply provide a statement providing the Section 5-A Supplement Title to be reviewed by the

Evaluators.

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

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

4.8 Public Record Once submitted and opened by Procurement Officer, your Offer is a public record and must be retained by State for 6 (six) years. All offers will be available for public inspection in the State’s e-Procurement System after the resulting contracts have been awarded, except for any portions that were determined to be confidential information.

Procurement Officer shall make the names of Persons who submitted offers available in The State’s e-Procurement System promptly after the opening date.

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

SECTION 3-A: Instructions to Offerors

Page 9 of 91 3

4.9 Offeror

Certification By signing the Offer and Acceptance Form (or other official contract form specified by Procurement Officer), you will be deemed to have certified that:

1. you did not engage in collusion or other anti-competitive practices in connection with the preparation or submission of your Offer; and

2. you do not discriminate against any employee or applicant for employment or person to whom you provide services because of race, color, religion, sex, national origin, or disability, and that you comply with an applicable federal, state, and local laws and executive orders regarding employment.

5.0 Responsibility; Responsiveness and Acceptability

5.1 Responsibility In accordance with A.R.S. 41-2534(G), A.A.C. R27-C312 and R2-7-C316, the State shall consider the following in determining Offeror’s responsibility, as well, as the responsiveness and acceptability of their proposals. The State will consider, but is not limited to, the following in determining an Offeror’s responsibility as well as susceptibility to Contract Award:

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;

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;

3. Whether the Offeror is legally qualified to contract with the State and the

Offeror’s financial, business, personnel, or other resources, including subcontractors;

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

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

6. Whether the Offer was sufficient to permit evaluation by the State, in accordance with the evaluation criteria identified in this Solicitation or other necessary offer components. Necessary offer components include:

attachments, documents or forms to be submitted with the offer, an indication of the intent to be bound, reasonable or acceptable approach to perform the

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

7. Whether the Offer was in conformance with the requirements contained in the

Scope of Work, Terms and Conditions, and Instructions for the Solicitation and its Amendments, including the documents incorporated by reference;

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

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

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

SECTION 3-A: Instructions to Offerors

Page 10 of 91 3

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

11. Whether the Offeror provides misleading or inaccurate information.

5.2 Responsiveness

and Acceptability Proposals that do not contain information sufficient to evaluate the proposal in accordance with the factors identified in the solicitation or other necessary proposal components may not be considered responsive and/or acceptable. Necessary components include an indication of the Offeror’s intent to be bound, price proposal, solicitation amendments, bond and reference data as required.

Proposal Content. The Offeror shall make a firm commitment to provide services as required and proposed.

• The material contained in the Offer shall be relevant to the service requirements stated in the solicitation.

• It is to be submitted in a sequence that reflects the scope of work section of this document.

• It is to include information relevant to the designated evaluation criteria.

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

5.3 Eligibility for

Evaluation and

Negotiation

If Procurement Officer determines an offeror is Not Responsible, then he or she is not permitted by A.A.C. R2-7-C314 to give further consideration to its offer or include it in any Negotiation or make Evaluation of its offer. If, however, Procurement Officer determines that an offer is Responsive (i.e., there is no applicable determination of

Not Susceptible for Award), then he or she is obliged by A.A.C. R2-7-C314 to make

Evaluation of it and include the offeror in the immediate round of Negotiation (if there is any Negotiation).

If Procurement Officer determines subsequently that your Revised Offer is Not

Susceptible for Award by virtue of comparison to other revised offers per A.A.C.

R2-7-C314(A)(3), then he or she will not include you in any further Negotiation. For clarity of intent, the foregoing means that Procurement Officer may reduce the number of offers that are “susceptible for award” with each successive round of

Negotiation, since the purpose of Negotiation is to achieve best value for State.

6.0 Evaluation of Offers

6.1 Offer Validity

Period By submitting an Offer, you agree to hold it open for the validity period specified in the Solicitation Summary. If no validity period is specified therein, then you shall hold your Offer open for 180 (one hundred eighty) days. The specified or default validity period (whichever applies) re-starts upon submission of each Revised Offer or a

Best and Final Offer.

6.2 Clarifications Upon receipt and opening of proposals submitted in response to this solicitation, the

State may request oral or written clarifications, including demonstrations or questions and answers, for the sole purpose of information gathering or for eliminating minor informalities or correcting nonjudgmental mistakes in proposals. Clarifications shall not otherwise afford Offerors the opportunity to alter or change their proposal.

6.3 Oral

Presentations The State may request oral presentations. If requested, the Offeror shall be available for oral presentations with no more than ten (10) business days advance notice. Participants in the oral presentations should include the Offeror's key

SECTION 3-A: Instructions to Offerors

Page 11 of 91 3 persons. Such oral presentations shall not otherwise afford an Offeror the opportunity to alter or change its Offer.

6.4 Cost or Pricing

Data Submit any cost or pricing data promptly that Procurement Officer requests under

A.R.S § 41-2543 per A.A.C. R2-7-702(B)(2). Procurement Officer may make the following preconditions for eligibility and award:

1. submission of appropriate cost or pricing data under A.A.C. R2-7-704;

2. determination that the submitted cost or pricing data demonstrates that pricing is fair and reasonable under A.A.C. R2-7-702(A); and,

3. determination that the data is not defective under A.A.C. R2-7-705.

6.5 Evaluation

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

6.5.1 Capacity of Offeror, Experience;

6.5.2 Methodology;

6.5.4 Cost.

6.6 Negotiations In accordance with A.R.S. § 41-2534, after the initial receipt of proposals, the

Procurement Officer may conduct discussions with those Offerors who submit proposals determined by the State to be reasonably susceptible of being selected for award.

Procurement Officer will request a best and final offer from any offerors with whom negotiation has been conducted, provided that, State may make award made without any Negotiation and therefore every offeror is forewarned to always submit its offer complete and on the most favorable terms initially, and not to assume any opportunity for Negotiation.

6.7 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 demand documentation such as current and audited financial statements, including income and balance sheets, directly from you or may obtain reports from independent financial rating services. Not providing the evidence will be grounds for Procurement

Officer determining your Offer is Not Susceptible for Award.

6.8 Consideration of

Exceptions Procurement Officer may determine that your Offer is Not Susceptible for Award if it is conditioned on an exception to a material aspect of the Solicitation. Even if

Procurement Officer determines that an exception is one that does not merit Not

Susceptible for Award determination, he or she may down-grade your Offer in

Evaluation if the exception is significant.

6.9 Consideration of

Deviations Procurement Officer may down-grade your Offer in Evaluation if it contains deviations that, in his or her determination, materially reduce the value to State of affected Materials or Services across the life-cycle thereof.

6.10 Consideration of

Prompt Payment

Discount

Procurement Officer may credit any proposed prompt payment discounts for the purpose of evaluating offer prices.

SECTION 3-A: Instructions to Offerors

Page 12 of 91 3

6.11 Consideration of

Taxes Procurement Officer shall not include Arizona Transaction Privilege Tax and other sales/use taxes for the purpose of evaluating offer prices.

6.12 Consideration of

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

Procurement Code.

6.13 Unit Price

Prevails In the case of discrepancy in your Offer between a unit price or rate and an extension of that unit price or rate, the unit price or rate will prevail.

6.14 Waiver and

Rejection Notwithstanding any other provision of the Solicitation Documents, State reserves the right to waive any minor informality, reject any or all offers or portions thereof or cancel the Solicitation.

7.0 Award of Contract

7.1 Best Advantage

to State Under A.A.C. R2-7-C317, contracts will be awarded to the responsible offeror(s) whose offer(s) is/are determined to be most advantageous to the State based on the stated evaluation criteria.

7.2 Number of Types

of Awards State may make multiple awards or to award contracts by individual line items or alternates, by group of line items or alternates, or to make an aggregate award, or regional awards, whichever is determined to be most advantageous to State.

7.3 Contract

Inception Your Offer does not constitute a contract nor does it confer any right on you to the award of a contract. A contract is not created until your Offer has been accepted for

State by Procurement Officer’s signature on the Offer and Acceptance Form. Notice of award or of intent to award will not constitute State’s acceptance of your Offer.

7.4 Contract

Document

Consolidation

7.5 Viewing Awarded

Contracts

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 materially change the Solicitation or the Contract.

To view awarded Contracts:

1. Go to app.az.gov

2. Select State Contracts (Blue tab)

3. 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.

4. To view a Contract, click on pencil next to Contract number.

SECTION 3-A: Instructions to Offerors

Page 13 of 91 3

8.0 Solicitation or Award Protests

Any protest must comply with and be resolved according to Arizona Revised Statutes Title 41, Chapter

23, Article 9, and rules adopted thereunder. Protests must be in writing and be filed with both

Procurement Officer and the State Procurement Administrator. Protest of the Solicitation must be received before the Bid/Offer due date and time. Protest of a proposed award or of an award must be received within 10 (ten) days after Procurement Officer makes the procurement file available for public inspection.

In either case, the protest must include:

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

2. signature of the interested party or its representative;

3. identification of the purchasing agency and the solicitation or contract number;

4. a detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and

5. the form of relief being requested.

9.0 Comments Welcome

SEPARATELY AND APART FROM THIS SOLICITATION, The State Procurement Office periodically reviews these Instructions to Offerors and welcomes any comments the public may have.

Please submit your comments to:

State Procurement Administrator, State Procurement Office, 100 North 15th Avenue, Suite 402

Phoenix, Arizona, 85007

End of Section 3-A

SECTION 3-B: Offer Forms

Page 14 of 91 3

Section 3-B: Offer Forms (Attachments)

ATTACHMENT 1 ........ OFFER AND ACCEPTANCE FORM

ATTACHMENT 2-A .... EXPERIENCE AND CAPACITY QUESTIONNAIRE

ATTACHMENT 2-B .... ORGANIZATION PROFILE

ATTACHMENT 3-A .... METHOD PROPOSAL (METHOD OF APPROACH)

ATTACHMENT 3-B .... KEY PERSONNEL PROPOSAL

ATTACHMENT 3-C ... PROPOSED SUBCONTRACTORS

ATTACHMENT 3-D ... BOYCOTT OF ISRAEL DISCLOSURE

ATTACHMENT 4 ........ PRICING SHEET

ATTACHMENT 5-A .... CONFIDENTIAL INFORMATION DESIGNATION

ATTACHMENT 5-B .... CONFORMANCE STATEMENTS

ATTACHMENT 5-C ... LETTER OF INSURABILITY

ATTACHMENT 5-D ... ARIZONA BASELINE SECURITY CONTROLS

ATTACHMENT 5-E .... OFFER CHECKLIST

SECTION 3-B: Offer Forms

Page 15 of 91 3

Attachment 1

Offer and Acceptance Form

SUBMISSION OF OFFER: Undersigned hereby offers and agrees to provide Workers' Compensation Cost Containment, Claim Management and Administration Services in compliance with the Solicitation indicated above and our Offer indicated by the latest dated version below:

Initial Offer:

1. 11/20/2019

Date initial

Revised Offers:

2. x x 3. x x 4. x x date #1 initial date #1 initial date #1 initial

5. x x 6. x x 7. x x date #4 initial date #5 initial date #6 initial

Best and Final Offer:

8. 03/23/2020

Date initial

AArete LLC

Offeror company name Signature of person authorized to sign Offer

200 E. Randolph St., Suite 3010 Madhav Nadendla, Managing Director

Address Printed name and title

Chicago, IL 60601 Justin Wilson, Director

City | State | ZIP Contact name and title

26-2000001 jwilson@aarete.com 312.505.4109

Federal tax identifier (EIN or SSN) Contact Email Address Contact phone number

CERTIFICATION: By signature in the above, Offeror certifies that it:

1. will not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, [Arizona] State Executive Order 2009-9 or A.R.S. §§ 41−1461 through 1465;

2. has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the submitted offer. Failure to provide a valid signature affirming the stipulations required by this clause will result in rejection of the Offer. Signing the Offer with a false statement will void the Offer, any resulting contract, and may be subject to legal penalties under law;

3. complies with A.R.S. § 41-3532 when offering electronics or information technology products, services, or maintenance; and

4. is not debarred from, or otherwise prohibited from participating in any contract awarded by federal, state, or local government.

ACCEPTANCE OF OFFER: State hereby accepts the initial Offer, Revised Offer, or Best and Final Offer identified by the latest date and number at the top of this form (the Accepted Offer). Offeror is now bound (as Contractor) to carry out the Work under the attached Contract, of which the Accepted Offer forms a part. Contractor is cautioned not to commence any billable work or to provide any material or perform any service under the Contract until Contractor receives the applicable Order or written notice to proceed from Procurement Officer.

State’s Contract No. is: ________________ The effective date of the Contract is: __________ Contract awarded _________ Date Date

Procurement Officer Signature Procurement Officer Printed Name

SECTION 3-B: Offer Forms

Page 16 of 91 3

Attachment 2-A Experience and Capacity Questionnaire

STATE MAY DETERMINE YOUR PROPOSAL IS NON-RESPONSIVE IF YOU DO NOT ANSWER ALL QUESTIONS FULLY.

Attach as part of your proposal, all documents requested below along with a single document containing all narrative responses required by an item. Include the item number when responding to each item. Each narrative item response should demonstrate ability to satisfy the Scope of Work.

Offeror shall provide a detailed narrative response to each question below. Proposals without a detailed narrative to the questions below will receive a lower score during the evaluation. Information provided through the use of a web URL link (within a response, or otherwise) will not be taken into consideration when evaluating proposals. The narrative response shall address the following questions, in the order below, referencing the related section of the Scope of Work.

The narrative shall include a response to all elements stated. All information contained in the proposal shall be current and factual. Failure to do so may have a negative impact on the scoring of the proposal.

EXPERIENCE AND CAPACITY QUESTIONS:

Question 1: Executive Summary

Provide an executive summary written in non-technical language to summarize the Offeror’s overall capabilities and approaches for accomplishing the services specified in Scope of Work and describe your experience in providing services related to data and data management activities, initiatives, projects and services that are comparable in magnitude, nature, complexity and scope.

The following subsections describe the minimum information to be provided:

a) Location of the company’s offices (headquarters and branches).

b) Number of employees both locally and nationally.

c) Company size.

d) Company’s client base.

e) Company’s areas of specialization and expertise.

f) Location(s) from which employees will be assigned.

g) Name, address, and telephone number of the point of contact for a contract resulting from this opportunity.

h) Length of time your company has been providing services

i) Full disclosure of any potential conflict of interest (e.g. serving as a reseller of computer hardware, software or business relationships between the Offeror and any State employee who functions or has responsibilities in the review or approval of the undertaking or carrying out of the project);

Offeror Response:

AArete Overview AArete is a professional services firm (LLC) with more than 350 employees (1b/c) headquartered and incorporated in Chicago, Illinois (“Main Office” at 200 E. Randolph Street, Chicago, IL 60601), with offices in

SECTION 3-B: Offer Forms

Page 17 of 91 3

Dallas, Denver, Los Angeles, New York, Hyderabad and Pune(India), and London (1a). Please note that, per the

Special Terms and Conditions provided by the State, no work directly performed for the State or its clients that involves access to secure or sensitive data or personal client data will occur outside the defined territories of the

United States. We are registered to do business in Arizona.

Our Managing Directors formed AArete on January 30, 2008 (1h) after 20 years of working together in a Big 4 firm and a publicly traded consultancy. AArete was founded on the premise of helping our clients improve in two key areas – to enhance quality of services they provide, and to improve their cost structure. Since our inception, our engagements have been – and will continue to be – measured by financial and operational improvement realized by our clients.

AArete’s market-driven solutions are organized into Digital and Data Services, Technology Services, Strategic

Profitability Improvement, and Advisory Services, with our Center of Data Excellence (CODE) at the hub, and surrounded by our centralized repository of collective intellectual capital, the Knowledge Management Center

(KMC).

Client Base (1d)

AArete has vast experience working with clients across different industries, including Public Sector, Healthcare, Transportation, Financial Services, Education and, Retail and Consumer. Our industry professionals with deep understanding of markets provide proven solutions to clients by incorporating big data in our analysis, to improve efficiency of organizational operations, reduce costs, enhance revenues and improve quality of provided services. Strengthening your organization’s performance is our goal, and we drive improvement in overall performance with recommendations and solutions that are fact-driven and provide sustainable results, addressing areas across your entire organization.

• AArete has worked with state and federal government bodies, provided them support with…