CTR058342_Contract_Documents.pdf

ARIZONA POLICE PSYCHOLOGY, PLLC

Nathan D. Thompson, Psy.D.

Licensed Psychologist 6625 S. Rural Rd., #101 Tempe, AZ 85283 480-345-2292 office 480-345-2294 fax office@arizonapolicepsych.com

November 10, 2021

Lori Noyes Procurement Manager Arizona Department of Corrections, Rehabilitation and Recovery 1601 W. Jefferson Phoenix, AZ 85007

Re: Best and Final Offer for RFP BPM003530 for Pre-Employment and Fitness for Duty

Psychological Evaluations and Evaluation Services

Dear Lori Noyes and DOC procurement team, Thank you for considering our offer and taking the time to lay out your expectations from the November 9th meeting. Below are modifications we am making to our initial proposal along with a fee schedule of our best and final offer.

• Section 6.5 Workflow Process – In our initial proposal we suggested interviewing each applicant as part of the hiring process. This was recommended because of the effectiveness in the hiring process and it is considered a best practice. As the Department of Corrections does not have the ability to do that at this time, we rescind that requirement and will continue with the process that the department is doing at this time by not conducting interviews for each preemployment applicant.

• Attachment 1-B ADCRR Price Sheet Form, Item Group 1 Line 1c and 1f – we initially stated there would be no appeal assessments (Item 1c). We are removing that as part of our proposal and are including the fee for appeal assessments on the fee schedule. We will also modify our price for interview sessions (Item 1f).

• Attachment 1-B ADCRR Price Sheet Form, Item Group 1 Line 1b – we rescind the note on our initial proposal that the offer will be for invalid assessments or those that missed the interviews. Our final offer will include a fee for retest assessments as is currently laid out by the department.

• Proposal B, Sample Interview Signup Sheet – this item is removed as part of our proposal as we will not be conducting interviews.

• There was also a note in the proposal about missed appointments or assessments. We do not charge for missed appointments. This overrules any previous statement in our proposal regarding missed appointments.

The following is our proposed fee schedule:

Line Item Description Unit Price Estimated

Annual Usage Extended Price

1 Item Group 1: Pre Employment Examinations and Evaluations

1a Pre-Employment Written Evaluation Profile and Assessments: $ ___72___ EA 2100 $_151,200______

1b Pre-Employment Retest Assessments:

$ ___25___ EA 150 $_3750_______

1c Pre-Employment Appeal Assessments: $ __66___ EA 350 $_23,100_____

1d Out of State Pre-Employment Retest and or Appeal Evaluations: $ ___25__ EA 10 $_250________

1e Pre-Employment Testing Material Packet (Test Booklets and Answer Sheets) IF DOC MOVES TO DIGITAL TESTING, COST WOULD BE $0 $ __10___ EA 2100 $_21,000______

1f Pre-Employment Interview Sessions $ __100__ EA 1 $__100________

1g Pre-Employment Hearings and/or Testimony Services (recommended $120 per Hr.) $ __120__ Hr. 1 $__120________

1h Subtotal: Item Group 1: Pre Employment Examinations and Evaluations $_199,520______

Subtotal if using digital testing: $178,520 Add items 1a – 1g Extended Prices – Enter Subtotal Here

2 Item Grouping 2: Psychological Fitness for Duty Evaluations

2a Fitness for Duty Evaluations (3.5 hr. avg.) – (recommended $750.00 per evaluation) $ ___750__ EA 1 $___750_____

2b Fitness for Duty Counseling Services $ ___110__ Hr. 28 $____3080_____

2c Fitness for Duty Voluntary Referral Counseling Services $ _110__ Hr. 28 $___3080_____

2d Fitness for Duty Hearings and/or Testimony Services (recommended $120 per Hr.) $__120__Hr. 1 $____120______

2e Subtotal Item Group 2: Fitness for Duty Subtotal: $___7030__________ Add items 2a - 2d Extended Prices – Enter Subtotal Here

3 Total Extended Amount, Line Items 1h and 2e extended amounts $__206,550____

Total if using digital testing: $185,550 Add Line items 1h and 2e Extended Amounts Enter Total

Here

Thank you for considering our offer and we hope that we will have the privilege of working with you. Please let us know if there is any other information you need.

Sincerely, Nathan D. Thompson, Psy.D., ABPP Board Certified in Police & Public Safety Psychology Psychologist AZ #PSY-004404

Examination and Request for Proposal Solicitation No.

BPM003530

Description:

Pre-Employment and Fitness for Duty Psychological Examination and Evaluation Services

State of Arizona

Department of Corrections, Rehabilitation & Reentry

Procurement Services

1645 W Jefferson Street

Phoenix, AZ 85007

PART 1 of the Solicitation Documents ADCRR Tracking # 21-107-26

Solicitation Summary

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

Solicitation Summary

OFFERORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE SOLICITATION

1.0 NOTICE OF REQUEST FOR PROPOSAL

In accordance with Arizona Revised Statutes § 41-2534, Competitive Sealed Proposals, (offers) for the materials or services specified herein will be received by the Arizona Department of Corrections, Rehabilitation and Reentry (“ADCRR”) through the State's e-Procurement system, Arizona Procurement Portal (“APP”) (https://app.az.gov) at the date and time posted online in APP.

Persons with a disability may request reasonable accommodations, such as sign language interpreter(s), by contacting the appropriate Procurement Agency. Request should be made as early as possible to allow time to arrange for such accommodation. A person requesting special accommodations may contact the solicitation contact person for this procurement.

2.0 WHAT IS IN THE SOLICITATION

Part 1:

Section 1A: Scope of Work

APP file #1: BPM003530_RFP_Part 1 Section 1B: Special Terms and Conditions

Section 1C: Uniform Terms and Conditions

Part 2:

Section 2A: Special Instructions to Offerors

APP file #2: BPM003530_ RFP_Part 2 Section 2B: Uniform Instructions to Offerors

Section 2C: Offer Forms (Attachments)

3.0 HOW TO SUBMIT OFFERS

Offer(s) shall be submitted electronically through the State's eProcurement system, the Arizona Procurement Portal

(“APP”) located at (https://app.az.gov). The due date and time shall be specified in APP as the Bid Opening Date.

Offers received by the due date and time will be electronically opened after the due date and time specified in APP.

Offers submitted outside of APP, or those that are received after the exact due date and time specified in APP shall be rejected. LATE OFFERES WILL NOT BE CONSIDERED.

No extension(s) or grace period(s) will be granted for delays and or incomplete offers that may be caused by internet connectivity issues, file uploading difficulties, or misunderstandings of the requirements or procedures for online submissions in APP. Technical inquiries concerning how to navigate and/or submit an offer in APP should be directed to the APP Help Desk via telephone at (602) 542-7600, option 2; or via email at app@azdoa.gov

4.0 OFFER SUBMISSION, DUE DATE, AND TIME

August 25, 2021. 3:00PM Arizona Time.

5.0 PRE-OFFER CONFERENCE

ADCRR will not conduct a Pre-Offer Conference for this Solicitation.

6.0 INQUIRIES

Any question related to this RFP shall be submitted utilizing the “Discussion Forum” tab within APP. The Offeror shall not contact or ask questions of the department for which the requirement is being procured.

Solicitation Authorization:

Denel Pickering, Chief Procurement Officer Date https://appstate.az.gov/page.aspx/en/bpm/process_manage/3530 https://procure.az.gov/bso/

Request for Proposal

BPM003530

Description:

Pre-Employment and Fitness for Duty Psychological Examination and Evaluation Services

State of Arizona

Department of Corrections, Rehabilitation & Reentry

Procurement Services

Table of Contents

Part 1 of the Solicitation Documents

Table of Contents

SECTION 1-A: Scope of Work

SECTION 1-B: Special Terms and Conditions

SECTION 1-C: Uniform Terms and Conditions

Solicitation Contact Person Rex Martin, Senior Procurement Specialist

Phone: 602.364.3782

Email: rexmartin@azadc.gov https://procure.az.gov/bso/ mailto:rexmartin@azadc.gov

BPM003530

Description:

Pre-Employment and Fitness for Duty Psychological Examination and Evaluation Services

State of Arizona

Department of Corrections, Rehabilitation & Reentry

Procurement Services

Scope of Work

SECTION 1-A: Scope of Work

1.0 INTRODUCTION

The Arizona Department of Corrections, Rehabilitation and Reentry (“ADCRR”) Vision and Mission Statements are:

Vision: Safer communities through effective corrections.

Mission: To serve and protect the people of Arizona by securely incarcerating felons, by providing structural programming designed to support inmate accountability and successful community reintegration, and by providing effective supervision for those offenders conditionally released from prison.

2.0 PURPOSE

2.1 The Arizona Department of Corrections, Rehabilitation, and Reentry (”ADCRR”) seeks to establish a term contract with a qualified firm(s) for pre-employment and fitness for duty psychological examinations and evaluation services for ADCRR Human Recourses & Development Group; Recruitment Unit for Selection and Hiring (“RUSH”).

2.2 The resultant contract shall also be for use the Arizona Department of Juvenile Corrections (“ADJC”) Human Resources Department.

2.3 For the purposes of this solicitation, the term, “The Department or Department” shall mean ADCRR-HRDG/RUSH, and ADJC Human Resources Department.

3.0 BACKGROUND

3.1 The Department utilizes pre-employment and fitness for duty psychological evaluation services for both sworn and civilian employee personnel.

3.2 The estimated number of pre-employment psychological evaluations utilized on an as needed, when needed basis by the Department (based on officer attrition and recruitment) is approximately 2,100 applicants annually with 150 to 200 additional retest and or appeals to the process.

3.3 The estimated number of fitness for duty evaluations, performed on an as needed, when needed basis are approximately 50-100 cases annually.

3.4 The above figures are annual estimates only, actual use may vary.

4.0 SCOPE OF WORK

4.1 The Contractor shall, at a minimum supply all labor, labor burdens, facilities, administration, supervision, equipment, test instruments, materials, hardware, software, certifications, transportation, travel, per diem(s), insurance, applicable taxes and all other items of expense required to provide the services specified herein for the all -inclusive prices awarded.

4.2 Have all services performed by qualified, experienced, trained and/or certified or l icensed personnel;

4.2.1 All onsite personnel shall also be background cleared, have proper identification, i.e. identification (ID) card on their person at all times while on

BPM003530

Description:

Pre-Employment and Fitness for Duty Psychological Examination and Evaluation Services

State of Arizona

Department of Corrections, Rehabilitation & Reentry

Procurement Services

Scope of Work the Department’s property/facilities;

4.2.2 ID card(s) shall be in the form of a current and valid company issued ID card, current and valid AZ driver’s license or state issued ID card.

5.0 PSYCHOLOGIST QUALIFICATIONS AND STANDARDS

5.1 All psychologists performing work under the Contract shall possess, in good standing one or more of the following license(s) and/or certification(s), depending on the type of services the psychologist will be performing:

5.1.1 Current Arizona Psychology licenses (issued by the State of Arizona Board of Psychology);

5.1.2 Current Clinical Psychologist license for pre-employment, fitness for duty evaluations;

5.1.3 Certified Professional Counselor certification or Counseling Services

5.2 Qualifications and documentation for each psychologist to be used under the Contract shall be provided on solicitation Attachment 1-C, inclusive of;

5.2.1 Psychologist name

5.2.2 Area(s) of expertise and years of experience

5.2.3 Academic Credentials

5.2.4 Professional Association Memberships

5.2.5 Copies of applicable certifications

5.2.6 Resumes

5.3 Requests for use of additional or replacement psychologist may be made at any time under the contract, request shall be accompanied by the information cited above and, if approved shall be incorporated into the contract through a formal contract amendment.

6.0 PRE-EMPLOYMENT PSYCHOLOGICAL EXAMINATION AND EVALUATION SERVICES

6.1 Initial examinations and evaluations shall be defensible and free from bias against protective classes.

6.2 Testing shall administered utilizing test instruments commonly used to assess candidates who, if employed by the Department are:

6.2.1 psychologically suited to the unique work environment of a correctional setting;

6.2.2 likely to be successful on the job;

6.2.3 will comply with applicable laws, rules, regulations, policies, and/or procedures as imposed in such a structured work environment;

6.2.4 have the interpersonal skills necessary to effectively interact with supervisors, peers, subordinates, inmates and the general public; and

6.2.5 Determined not to represent a liability, either actual or potential, to the Department and/or the community.

BPM003530

Description:

Pre-Employment and Fitness for Duty Psychological Examination and Evaluation Services

State of Arizona

Department of Corrections, Rehabilitation & Reentry

Procurement Services

Scope of Work

6.3 Examinations and evaluations shall be administered utilizing examinations and evaluation methods such as, but not limited to the following:

6.3.1 Wonderlic Aptitude Test, (formerly known as Wonderlic Personnel Test).

6.3.2 Personality Assessment Inventory (“PAI”) – Police and Public Safety.

6.3.3 The California Psychological Inventory (“CPI”) – Form 434.

6.4 Key Submittals:

6.4.1 Examination and evaluation methods utilized shall be identified in solicitation Attachment 1-C.

6.4.2 Use of testing methods or alternate tests (those not specified above), if offered shall also be identified in solicitation Attachment 1-C.

6.4.3 Rating System(s), based on examinations and evaluations utilized shall be identified on solicitation Attachment 1-.C along with:

A sample of psychological test booklets and candidate answer sheets to be used; and

A detailed list equipment, machinery, process utilized for grading/evaluating psychosocial answer sheets to be used;

6.4.4 Special Occurrence notifications and handling of candidates determined through evaluations and/or interviews to be potential or actual liability to the Department shall be described on solicitation Attachment 1-C.

6.4.5 Expert Testimony Services, when needed to defend the Department in situations where candidate(s) are disqualified for employment based on psychological recommendations shall be described along with experience in providing the service shall be supplied on sonication Attachment 1-C.

6.5 Workflow Process

6.5.1 The Contractor shall provide Department approved psychological test booklets and answer sheets to the Department on an as needed, when needed basis.

6.5.2 The Department shall submit packets of psychological answer sheets completed by Correctional Officer candidate(s), to the Contractor.

6.5.3 The Contractor shall provide individual candidates psychological profiles and assessments, inclusive of a candidate’s actual or potential liability to the Department and the community through a written report.

6.5.4 Psychological answer sheets shall be evaluated at the Psychologist’s office.

The Contractor shall provide written evaluation results to the Department pertaining to initial candidate evaluations, as well as appeal and retake evaluations, within two (2) business days of receipt of answer sheets.

6.5.5 A hard copy of each applicant’s psychological evaluation results signed by the psychologist shall be sent to the Department by fax or other secure electronic method of delivery. The evaluations shall be given a “Pass”, “Retest” or “Disqualified” rating.

BPM003530

Description:

Pre-Employment and Fitness for Duty Psychological Examination and Evaluation Services

State of Arizona

Department of Corrections, Rehabilitation & Reentry

Procurement Services

Scope of Work

6.5.6 If evaluation results indicate a retest or disqualified rating, a brief interview with the Correctional Officer candidate shall be performed at a retest and appeal meeting with the psychologist.

6.5.7 In the event the first test results in a “retest” or “disqualified” rating, the Correctional Officer candidate shall be allowed a psychological re-evaluation (retest or appeal) one additional time only.

6.5.8 The Department shall pay for all retests and appeals per contract price schedule(s).

6.6 Re-Evaluation/Re Tests

6.6.1 Candidate(s) may be re-evaluated at a retest or appeal meeting any time within six (6) months of the applicant’s last activity in the qualifying process.

6.6.2 Appeal and retest meetings with the psychologist shall be at the psychologist’s office, unless otherwise designated by the Department.

6.6.3 The same time-frames shall apply for appeals and retest ratings as the original evaluation results.

6.6.4 Scheduled pre-employment psychological re-take tests and appeals shall be performed at locations to be provided by the Contractor, Monday through Friday, from 8:00 a.m. to 5:00 p.m. in both the Phoenix and Tucson Metro areas.

6.6.5 Retests or appeals requested by an “out-of-state” candidate(s) may be held via teleconference by the psychologist with prior approval of the Department.

6.6.6 The Department shall inform the candidate(s) by electronic mail delivery as to the outcome of the pre-employment psychological evaluation.

6.7 Notifications

6.7.1 The Contractor shall notify the Department of the following:

6.7.2 Changes in Contractor key personnel within forty-eight (48) hours of the change being made.

6.7.3 Re-location or closure of Contractor facility(s) whether temporary or permanent. Notification shall be made two (2) weeks before the change is implemented.

6.7.4 Proposed changes to psychologist used under the contract shall be made two

(2) weeks before the requested psychologist’s start date to allow for review and disposition by the Department. If approved the change shall be incorporated into the contract through a formal contract amendment.

6.7.5 Investigations, determinations, findings of matters such as unprofessional conduct, or sanctions by a State or provincial Board of Examiners.

Notifications shall be made within one (1) day of the event for proper review and disposition by the Department..

6.8 Expert Testimony Services

6.8.1 The Contractor shall provide, as needed when needed expert testimony at any

BPM003530

Description:

Pre-Employment and Fitness for Duty Psychological Examination and Evaluation Services

State of Arizona

Department of Corrections, Rehabilitation & Reentry

Procurement Services

Scope of Work appeal or hearing to defend the Department in those situations where a candidate is disqualified for employment based on a psychological recommendation.

6.8.2 Actual time spent at hearing or providing testimony will be reimbursed on an hourly basis according to the contract price schedule.

6.8.3 The Department shall reimburse the Contractor for travel in the event an approved overnight stay is required. Per diems shall be provided at the prevailing State rate. To obtain the current State prevailing rate(s), the Contractor should call the General Accounting Office (GAO) at (602) 542-5405 or visit the GAO web site at https://gao.az.gov/travel/welcome-gao-travel.

6.9 Department Oversight Services

6.9.1 The Department, Project Director shall be responsible for:;

6.9.2 Monitoring and evaluation of the quality and timeliness of Contractor’s performance during the term of the Contract.

6.9.3 Reviewing the Contractor’s submitted products and take such action(s) as may be necessary or desirable as a result of such reviews.

6.9.4 Maintaining a record of the Contractor’s progress; collection and maintenance a file of all reports, minutes of meetings, and correspondence relative to this Contract.

6.9.5 The Department will also review and approve work products generated and services provided by the Contractor under the terms of the Contract.

6.9.6 Perform other tasks as may be necessary or desirable to assume successful completion of the Contractor’s work as specified herein.

6.9.7 The Department will keep the Contractor fully informed of Department policies, procedures and activities that have a bearing upon the Contractor fulfilling assigned obligations.

6.10 Reporting Services – Pre-Employment Psychological examination and evaluations

6.10.1 Oral and written results of Pre-employment Psychological Evaluations shall be reported as follows:

6.10.2 A weekly report containing;

6.10.3 Candidates’ name.

6.10.4 Candidates’ Social Security Number.

6.10.5 Date of Examination.

6.10.6 Location of Examination.

6.10.7 Psychological suitability rating. In the event the rating indicates the candidate’s unsuitability, a brief description explaining the reasoning or area of concern (e.g., cognitive capacity, emotional stability).

6.10.8 Number of Correctional Officers tested.

https://appstate.az.gov/page.aspx/en/bpm/process_manage/3530 https://gao.az.gov/travel/welcome-gao-travel

BPM003530

Description:

Pre-Employment and Fitness for Duty Psychological Examination and Evaluation Services

State of Arizona

Department of Corrections, Rehabilitation & Reentry

Procurement Services

Scope of Work

6.10.9 Monthly summary reports

6.10.10 Containing psychological profile results by examination dates, reflecting weekly, monthly, quarterly, and year-to-date statistics.

6.10.11 Quarterly reports

6.10.12 Containing descriptive statistics as determined by the Department to meet the various needs of the Department, based on the psychologist’s view of the quantity and quality of candidates. Reports shall include basic statistics, such as:

6.10.13 Candidates’ names.

6.10.14 Date of service.

6.10.15 Type of service.

6.10.16 Total number of candidates evaluated.

6.10.17 Number of Correctional Officers tested.

6.10.18 Total and percentages of candidates who:

6.10.19 Pass.

6.10.20 Require retests.

6.10.21 Take tests.

6.10.22 Disqualified.

6.10.23 Re-evaluated on appeal.

6.10.24 Totals and percentages of predominant causes of retests and appeals.

6.10.25 It is expected that the reports will include any conclusions, trends, and/or recommendations from the Contractor regarding the process and/or the results.

6.10.26 The Contractor shall develop a procedure and database which contains informational categories (similar to those required in the weekly report) as approved by the Department’s Recruitment Administrator, or authorized designee utilizing an agreed upon software and provide a procedure for the Department to access the database.

7.0 FITNESS FOR DUTY PSYCHOLOGICAL EXAMINATION AND EVALUATION SERVICES

7.1 Evaluations shall be done on an as needed, when needed basis, and for the purposes of assisting designated Department Employees:

7.1.1 to be as productive as possible, solving psychologically stressing problems as they may arise;

7.1.2 to prevent such problems from progressing beyond conditions that can be effectively managed on an out-patient basis;

7.1.3 to assist the Department employees in maintaining the intactness of his/her social support systems; and

BPM003530

Description:

Pre-Employment and Fitness for Duty Psychological Examination and Evaluation Services

State of Arizona

Department of Corrections, Rehabilitation & Reentry

Procurement Services

Scope of Work

7.1.4 to evaluate current Department employee(s) to determine their psychological fitness for duty.

7.2 Key Submittals

7.2.1 Evaluations shall be administered utilizing a battery of test generally used by the psychological industry. Examination and evaluation methods utilized shall be clearly identified in solicitation Attachment 1-C.

7.2.2 Expert Testimony Services, when needed to defend the Department in situations where candidate(s) are deemed not fit for duty based on psychological recommendations, shall be described along with experience in providing the service shall be supplied on sonication Attachment 1-C. A redacted sample of one or more fitness for duty evaluations that have been done for a law enforcement agency should also be submitted with the offer.

7.3 Workflow Process

7.3.1 The Contractor shall provide a professional evaluation of a Department referred employee’s ability to perform assigned job duties from a psychological standpoint upon request by the Department.

7.3.2 Evaluations may be directed by a manager when a subordinate’s job performance diminishes or a behavioral observation is made which gives rise to a significant concern for the welfare or safety of the employee or coworkers. This may be attributed to psychological causes.

7.3.3 Employees may be ordered to see a specific psychologist selected by the Department, and will be informed in writing that the results of the fitness for duty evaluation shall be provided to the Department.

7.3.4 Fitness results shall remain the sole property of the Department, and shall not be released without the expressed consent of the Employee Relations Manager or authorized designee.

7.4 Reporting Services – Fitness for Duty

7.4.1 Comprehensive written fitness for duty evaluations shall be forwarded to the Department’s Employee Assistance Administrator or authorized designee within ten (10) days of completing an evaluation.

7.4.2 Upon concluding a fitness for duty evaluation, and determining that an employee is not fit for duty, immediate telephonic notification shall be made to the Department’s Employee Relations Manager, or authorized designee.

7.4.3 Quarterly reports to the Department’s Employee Relations Manager, or authorized designee providing data on trends and other information helpful to the Department.

7.4.4 Reports shall include conclusions, trends, and/or recommendations from the Contractor regarding the evaluation or service process and/or overall psychological results.

7.4.5 The Offeror shall provide sample quarterly reports of data on trends and other

BPM003530

Description:

Pre-Employment and Fitness for Duty Psychological Examination and Evaluation Services

State of Arizona

Department of Corrections, Rehabilitation & Reentry

Procurement Services

Scope of Work information it believes may be helpful to the Department

7.5 Expert Testimony Services

7.5.1 The Contractor shall provide, as needed when needed expert testimony on behalf of the Department at any administrative hearing where an employee has been evaluated pursuant to a psychological Fitness-for-Duty evaluation.

7.5.2 Actual time spent at a hearing will be reimbursed on an hourly basis according to the Contract price schedule.

7.5.3 The Department will reimburse for travel and mileage in the event an approved overnight stay is required. Per diem shall be provided at the prevailing State rate. To obtain the current State prevailing rate, you may call the General Accounting Office (GAO) at (602) 542-5405 or visit the GAO web site at https://gao.az.gov/travel/welcome-gao-travel.

7.6 Department Oversight Services

7.6.1 The Department, Project Director shall be responsible for;:

7.6.2 Monitoring and evaluation of the quality and timeliness of Contractor’s performance during the term of the Contract.

7.6.3 Reviewing the Contractor’s submitted products and take such action(s) as may be necessary or desirable as a result of such reviews.

7.6.4 Maintaining a record of the Contractor’s progress; collect and maintain a file of all reports, minutes of meetings, and correspondence relative to this Contract.

7.6.5 The Department will also review and approve work products generated and services provided by the Contractor under the terms of the Contract.

7.6.6 Perform other tasks as may be necessary or desirable to assume successful completion of the Contractor’s work as specified herein.

7.7 Presentations

7.7.1 The contractor shall, upon request by the Department, provide at no additional cost, presentations to inform Department employees of available services.

7.7.2 Presentations shall be made upon request or at mutually agreeable dates and timeframes between the Department and the Contractor

End of Section 1-A https://gao.az.gov/travel/welcome-gao-travel

BPM003530

Description:

Pre-Employment and Fitness for Duty Psychological Examination and Evaluation Services

State of Arizona

Department of Corrections, Rehabilitation & Reentry

Procurement Services

SECTION 1-B: Special Terms and Conditions

SECTION 1-B: Special Terms and Conditions

The Special Terms and Conditions modify the Uniform Terms and Conditions and its Appendices. 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.

1.0 AUTHORITY TO CONTRACT

This Contract activity is issued under the authority of the Arizona Department of Corrections, Rehabilitation, and Reentry (ADCRR or “Department”), Chief Procurement Officer. No alteration of any portion of the Contract, any items or services awarded, or any other agreement that is based upon this Contract may be made without express written approval of the Department in the form of an official Contract amendment. Any attempt to alter any documents on the part of the ordering agency or any Contractor is a violation of the Contract and the Arizona Procurement Code. Any such action is subject to legal and Contractual remedies available to the State inclusive of, but not limited to, Contract cancellation, suspension and/or debarment of the Contractor.

2.0 CONTRACT ADMINISTRATION

Contractor shall contact the assigned Procurement Specialist for guidance or direction in matters on contract interpretation or questions regarding the terms, conditions and the scope of the contract.

3.0 DOCUMENTS FOR AWARD

The Department will not sign any agreements or any other documents presented for the services listed herein. The completed Offer and Acceptance form signed by the Chief Procurement Of ficer and the award notice will be the Contract.

4.0 ELIGIBLE AGENCIES

The Contract shall be for the exclusive use of the Arizona Department of Corrections, Rehabilitation, and Reentry (“ADCRR”) and the Arizona Department of Juvenile Corrections (“ADJC”).

5.0 CONTRACT TYPE

Firm fixed price term, indefinite quantity purchase and delivery service.

6.0 TERM OF CONTRACT

The Contract shall commence on the date of award and/or as specified in the award documents(s), and shall continue for a period of one (1) year thereafter, unless terminated, canceled or extended, as otherwise provided herein.

7.0 CONTRACT EXTENSION

By mutual written contract amendment, this contract may be extended for additional successive periods of twelve (12) months per extension, or portions thereof with a maximum aggregate contract term not to exceed five (5) years.

8.0 ESTIMATED QUANTITIES

The contract references quantities as a general indication of the needs of ADCRR and ADJC. Although ADCRR and ADJC anticipate routine usage during the term of the contract, the quantities referenced herein are estimates only. No commitment of any kind is expressed or implied as to quantities actually

BPM003530

Description:

Pre-Employment and Fitness for Duty Psychological Examination and Evaluation Services

State of Arizona

Department of Corrections, Rehabilitation & Reentry

Procurement Services

SECTION 1-B: Special Terms and Conditions purchased during the contract term.

9.0 PRICE ADJUSTMENT (ANNUAL)

9.1 ADCRR may review a formal written request for a price increase only at the time of contract extension (annual). Requested increase(s) shall be based upon a cost increase to the contractor that was clearly unpredictable at the time of offer submission and is directly correlated to the price of the contracted product/service. A price increase adjustment shall only be considered at the time of a contract extension and shall be a factor in the extension review process.

9.2 Price increase requests shall be initiated 120 days in advance of the contract extension date to allow ADCRR sufficient time to evaluate and disposition the request. Failure to submit timely requests may result in ADCRR not considering the request. Additionally, ADCRR, at its sole discretion shall determine whether the requested price increase or an alternate option is in the best interest of the State. Approved price increases shall be done through issuance of a formal contract amendment.

10.0 PRICE REDUCTIONS

A price reduction(s) may be offered at any time during the term of the contract and shall become effective upon issuance of a contract amendment.

11.0 ORDERING PROCESS

11.1 The Department may purchase the specific materials and/or services contractually covered through issuance of contract direct release purchase order(s) issued the contractor. No work shall be performed and/or products delivered without a duly authorized/issued purchase order(s).

11.2 Any attempt to represent any material and/or service not specifically awarded under contract with the State of Arizona is a violation of the contract and the Arizona Procurement Code. Any such action is subject to all legal and contractual remedies available to the state inclusive of, but not limited to, contract termination, cancellation, suspension and/or debarment of the contractor.

12.0 LICENSING

All contractors performing work within the State of Arizona shall be properly licensed by the State Board of Psychologist Examiners and/or any other local governing body for the scope of work which they are contracting under.

13.0 STANDARDS

13.1 Contractor shall maintain an active license in good standing to practice psychology issued by the Arizona State Board of Psychologist Examiners.

13.2 Immediate notification shall be provided to ADCRR and ADJC regarding allegations or disciplinary actions from the Arizona State Board of Psychologists Examiners.

14.0 SAFETY STANDARDS AND CONTRACTOR POLICIES

Contractor shall comply with all federal, state, and local laws in effect for conducting its business during the term of the contract and shall maintain policies and procedures relating to fire safety and other safety issues during the term of the contract. The contractor shall make all such policies and

BPM003530

Description:

Pre-Employment and Fitness for Duty Psychological Examination and Evaluation Services

State of Arizona

Department of Corrections, Rehabilitation & Reentry

Procurement Services

SECTION 1-B: Special Terms and Conditions procedures available to ADCRR for inspection upon request. Failure to maintain such policies and procedures or failure to make them available to ADCRR for inspection may result in contract termination.

15.0 INVOICING/BILLING REQUIREMENTS

15.1 The Contractor shall maintain adequate records of time spent and services rendered and submit signed, itemized invoices to include services provided by subcontractors. All invoices must contain the Master Blanket Purchase Order Number. By the tenth (10th) workday of each month, the Contractor shall invoice the Department for services rendered the previous month. All invoices shall be submitted to the Department’s Project Director, or authorized designee for approval. The Department shall make payment to the Contractor in accordance with the Contract’s Fee Schedule within thirty (30) days after receipt and approval of the invoice for services satisfactorily performed.

15.2 All invoices shall, at a minimum include:

15.3 Participant’s/Employee’s full name and Social Security Number or EIN

15.4 Date(s), Type(s) and Hours of service was provided

15.5 The Contract number

15.6 Invoiced amount for each service/unit of service provided

15.7 Total invoiced amount

15.8 Invoices shall be submitted for:

15.9 Pre-employment Psychological Examinations and Evaluations to: Arizona Department of Corrections, Rehabilitation, and Reentry, RUSH Unit, 1831 West Jefferson, MC 511, Phoenix, Arizona 85007

15.10 Psychological Fitness for Duty Evaluations to: Arizona Department of Corrections, Rehabilitation, and Reentry, Employee Relations Unit, 1601 West Jefferson, MC 630, Phoenix, Arizona 85007

15.11 Contractors who wish to receive Automated Clearing House (ACH) payments, may contact the General Accounting Office (GAO) Vendor Section at: vendors@azdoa.gov or by phone at 602-542-5405, or by visiting the GAO web site at ACH and Vendor Forms at https://gao.az.gov/afis/vendor-information.

15.12 FEE SCHEDULE: As specified on Attachment 1-B ADCRR Price Sheet Form.

15.13 Proposed fees shall represent all required goods/services.

15.14 Contract Payment Terms. Offerors shall indicate the prompt payment terms that they will offer to the State (for example: 2/10 Net 30; 2/15 Net 30, etc.) At a minimum, Offeror’s payment terms shall comply with the requirements of A.R.S. Titles 35 and 41, Net 30 days.

15.15 Invoices not sent to the proper address or not containing the necessary and required information may delay payment. A contractor whose payments are delayed due to improper invoicing shall make no claim(s) against the Department or the State for late or finance charges.

15.16 The Department will make every effort to process payment(s) within thirty (30 calendar days https://appstate.az.gov/page.aspx/en/bpm/process_manage/3530 https://procure.az.gov/bso/ mailto:vendors@azdoa.gov https://gao.az.gov/afis/vendor-information

BPM003530

Description:

Pre-Employment and Fitness for Duty Psychological Examination and Evaluation Services

State of Arizona

Department of Corrections, Rehabilitation & Reentry

Procurement Services

SECTION 1-B: Special Terms and Conditions after acceptance of goods and or services. Delivery of goods and or services does not constitute acceptance.

16.0 BUSINESS STANDING A.R.S. § 10-1501

16.1 A selected Contractor whose business structure requires that documents be filed regularly with the Arizona Corporation Commission (ACC) must remain in good standing with the ACC during the term of the Contract. An out-of-state firm selected for Contract award must file necessary documents with the ACC as doing business in Arizona prior to execution of the Contract and, throughout the term of the Contract, must remain in good standing with the ACC and the entity where the original documents were filed.

17.0 INDEPENDENT STATUS OF THE CONTRACTOR

17.1 The Contractor is an independent Contractor and will not, under any circumstances, be considered an employee, servant or agent of the Department, nor will the employees, servants or agents of the Contractor be considered employees of the Department.

17.2 Personnel actions of employees on the Contractor’s payroll shall be the Contractor's responsibility. The Contractor shall comply with all applicable government regulations related to the employment, compensation and payment of personnel.

17.3 The Department will not be responsible in any way for the damage or loss caused by fire, theft, accident, or otherwise to the Contractor's stored supplies, materials, equipment, or his employee's personal property stored on Department property.

18.0 CONFIDENTIALITY OF RECORDS

18.1 The Contractor shall establish and maintain procedures and controls, that are acceptable to the Department for the purpose of assuring that no information contained in its records or obtained from the Department or from others in carrying out its functions under the Contract shall be used or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the Contract. Persons requesting such information should be referred to the Department. Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of the Contractor as needed for the performance of duties under the Contract, unless otherwise agreed to in writing by the Department.

19.0 HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996

19.1 The Contractor warrants that it is familiar with the requirements of HIPAA, as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH Act) of 2009, and accompanying regulations and will comply with all applicable HIPAA requirements in the course of this Contract. Contractor warrants that it will cooperate with the State in the course of performance of the Contract so that both the State and the Contractor will be in compliance with HIPAA, including cooperation and coordination with the Arizona Strategic Enterprise Technology (ASET) Group, Statewide Information Security and Privacy Office (S1SPO), Chief Privacy Officer and HIPAA Coordinator and other compliance officials required by HIPAA and its regulations. Contractor will sign any documents that are reasonably necessary to keep the State and Contractor in compliance with HIPAA, including but not limited to, business associate agreements.

BPM003530

Description:

Pre-Employment and Fitness for Duty Psychological Examination and Evaluation Services

State of Arizona

Department of Corrections, Rehabilitation & Reentry

Procurement Services

SECTION 1-B: Special Terms and Conditions

19.1.1 If requested, the Contractor agrees to sign a "Pledge to Protect Confidential Information" and to abide by the statements addressing the creation, use and disclosure of confidential information, including information designated as protected health information and all other confidential or sensitive information as defined in policy. In addition, if requested, Contractor agrees to attend or participate in job related HIPAA training that is: (1) intended to make the Contractor proficient In HIPAA for purposes of performing the services required and (2) presented by a HIPAA Privacy Officer or other person or program knowledgeable and experienced in HIPAA and who has been approved by the ASET/SISPO Chief Privacy Officer and HIPAA Coordinator.

20.0 INDEMNIFICATION

20.1 To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of, or recovered under, the Workers’ Compensation Law or arising out of the failure of such Contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the State of Arizona.

20.2 This indemnity shall not apply if the contractor or sub-contractor(s) is/are an agency, board, commission or university of the State of Arizona.

21.0 INSURANCE, ENDORSEMENT, CONDITION REQUIREMENTS; TIME OF COMPLETION

21.1 Contractor shall not perform any work under the contract until it has secured and complied with all minimum insurance, endorsements and condition requirements specified herein and that is has furnished a certificate of insurance form as required by the contact to ADCRR Procurement. Additionally, contractor shall not allow any subcontractor to perform any work on any subcontract until said subcontractor has secured/complied with all minimum insurance, endorsements and condition requirements specified herein and that is has furnished a certificate of insurance form as required by the contact to ADCRR Procurement through the contractor. Contractor and any subcontractor shall also comply with and maintain all insurance and condition requirements at the levels specified for the entire term of the contract.

21.2 Properly executed certificates of insurance shall be received by ADCRR Procurement within 3 days after receipt of a contingency award letter and/or as mutually agreed upon in writing

BPM003530

Description:

Pre-Employment and Fitness for Duty Psychological Examination and Evaluation Services

State of Arizona

Department of Corrections, Rehabilitation & Reentry

Procurement Services

SECTION 1-B: Special Terms and Conditions between contractor and ADCRR Procurement. Non-compliance to this section and/or failure to maintain insurance coverage during the entire contract term shall be treated as a material breach therefore may result in contract termination.

22.0 INSURANCE REQUIREMENTS

22.1 Contractor and subcontractors shall procure and maintain, until all of their obligations have been discharged, including any warranty periods under this Contract, insurance against claims for injury to persons or damage to property arising from, or in connection with, the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors.

22.2 The Insurance Requirements herein are minimum requirements for this Contract and in no way limit the indemnity covenants contained in this Contract. The State of Arizona in no way warrants that the minimum limits contained herein are sufficient to protect the Contractor from liabilities that arise out of the performance of the work under this Contract by the Contractor, its agents, representatives, employees or subcontractors, and the Contractor is free to purchase additional insurance.

22.3 Minimum Scope and Limits of Insurance

Contractor shall provide coverage with limits of liability not less than those stated below.

Commercial General Liability (CGL) – Occurrence Form

Policy shall include bodily injury, property damage, and broad form contractual liability coverage.

• General Aggregate $2,000,000

• Products – Completed Operations Aggregate $1,000,000

• Personal and Advertising Injury $1,000,000

• Damage to Rented Premises $50,000

• Each Occurrence $1,000,000

a. The policy shall be endorsed, as required by this written agreement, to include the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees as additional insureds with respect to liability arising out of the activities performed by or on behalf of the

Contractor.

b. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the

Contractor.

22.4 Business Automobile Liability

Bodily Injury and Property Damage for any owned, hired, and/or non-owned automobiles used in the performance of this Contract.

Combined single limit (CSL) $1,000,000 Policy shall be endorsed, as required by this written agreement, to include the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, BPM003530

Description:

Pre-Employment and Fitness for Duty Psychological Examination and Evaluation Services

State of Arizona

Department of Corrections, Rehabilitation & Reentry

Procurement Services

SECTION 1-B: Special Terms and Conditions agents, and employees as additional insureds with respect to liability arising out of the activities performed by, or on behalf of, the Contractor involving automobiles owned, hired and/or non-owned by the Contractor.

Policy shall contain a waiver of subrogation endorsement as required by this written agreement in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the Contractor.

Workers’ Compensation and Employers' Liability

• Workers' Compensation Statutory

• Employers' Liability o Each Accident $1,000,000 o Disease – Each Employee $1,000,000 o Disease – Policy Limit $1,000,000

a. Policy shall contain a waiver of subrogation endorsement, as required by this written agreement, in favor of the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees for losses arising from work performed by or on behalf of the

Contractor.

b. This requirement shall not apply to each Contractor or subcontractor that is exempt under A.R.S. § 23-901, and when such Contractor or subcontractor executes the appropriate waiver form (Sole Proprietor or Independent Contractor).

22.5 Professional Liability (Errors and Omissions Liability)

• Each Claim $2,000,000

• Annual Aggregate $2,000,000

a. In the event that the Professional Liability insurance required by this Contract is written on a claims-made basis, Contractor warrants that any retroactive date under the policy shall precede the effective date of this Contract and, either continuous coverage will be maintained, or an extended discovery period will be exercised, for a period of two (2) years beginning at the time work under this Contract is completed.

b. The policy shall cover professional misconduct or negligent acts for those positions defined in the Scope of Work of this contract.

22.6 Additional Insurance Requirements

The policies shall include, or be endorsed to include, as required by this written agreement, the following provisions:

The Contractor's policies, as applicable, shall stipulate that the insurance afforded the Contractor shall be primary and that any insurance carried by the…