CTR059732 IFB Youth Driver Education Part 2.pdf

Invitation for Bid Contract Number CTR059732

Youth Driver Education

State of Arizona Department of Child Safety

Office of Procurement & Contracts 3003 N. Central Ave., 20th Fl.

Phoenix, AZ 85012

Solicitation Instructions Part 2

SECTION 2: Table of Contents Page 1 of 28 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

Part 2: Summary, Instructions and Offer Forms

Section 2-A: Solicitation Summary 2 Section 2-B: Uniform Instructions to Offerors 3 Section 2-C: Special Instructions to Offerors 9 Section 2-D: Offer Forms (Attachments) 20 https://procure.az.gov/bso/

Youth Driver Education

State of Arizona Department of Child Safety

Office of Procurement & Contracts

SECTION 2-A: Solicitation Summary Page 2 of 28 2

Section 2-A: Solicitation Summary

OFFERORS ARE STRONGLY ENCOURAGED TO CAREFULLY READ THE ENTIRE SOLICITATION

1.0 Notice of Invitation for Bid

In accordance with Arizona Revised Statutes § 41-2533, competitive sealed bidding (offers) for the materials or services specified, will be received by the Arizona Department of Child Safety (DCS) through the State's e-Procurement system, Arizona Procurement Portal (APP) (https://app.az.gov) at the date and time posted online in APP. Offers received by the correct time and date will be opened and the name of each Offeror will be publicly available. Offers must be in the actual online possession of the State on or prior to the time and date indicated.

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

2.0 What is in the Solicitation

Part 1:

Section 1A: Scope of Work

APP file #1: BPMxxxxxxx_Solicitation_Part 1 Section 1B: Pricing

Section 1C: Special Terms and Conditions

Section 1D: Uniform Terms and Conditions

Part 2:

Section 2A: Solicitation Summary

APP file #2: BPMxxxxxx_ Solicitation_Part 2 Section 2B: Uniform Instructions to Offerors

Section 2C: Special Instructions to Offerors

Section 2D: Offer Forms (Attachments)

3.0 How and When Offers Are Due

Offers will only be accepted online in the “APP” system at https://app.az.gov until the “Bid Opening Date” indicated in APP for the Solicitation Number shown at the top of this page. Offers must be in DCS’s possession online no later than that deadline. LATE OFFERS WILL NOT BE CONSIDERED. No extension or grace period will be given for delays or incomplete offers caused by internet connectivity problems, file uploading difficulties, or misunderstanding of the requirements or procedures for online submission in APP.

4.0 Pre-Offer Conference

DCS will NOT conduct a pre-offer conference for this solicitation.

5.0 Inquiries

Any question related to this Invitation for Bid 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.

End of Section 2A https://app.az.gov/

Youth Driver Education

State of Arizona Department of Child Safety

Office of Procurement & Contracts

SECTION 2-B: Uniform Instructions to Offerors Page 3 of 28 2

Section 2-B: Uniform Instructions to Offerors

A. Definition of Terms As used in these Instructions to Offerors, the terms listed below are defined as follows:

1. Attachment “Attachment” means any item the Solicitation requires an Offeror to submit as part of the Offer.

2. Best and Final Offer

“Best and Final Offer” means a revision to an Offer submitted after negotiations are completed that contains the Offeror’s most favorable terms for price, service, and products to be delivered.

3. Contract “Contract” means the combination of the Solicitation, including the Uniform and Special Terms and Conditions, and the Specifications and Statement or Scope of Work; the Offer, any Clarifications, and any Best and Final Offers; and any Solicitation Amendments or Contract Amendments.

4. Contract Amendment

“Contract Amendment” means a written document signed by the Procurement Officer issued for the purpose of making changes in the Contract.

5. Contractor “Contractor” means any person who has a Contract with a state governmental unit.

6. Day “Day” means calendar days unless otherwise specified.

7. Electronic Procurement

“eProcurement (Electronic Procurement)” means conducting all or some of the procurement function over the Internet. Point, click, buy and ship Internet technology is replacing paper-based procurement and supply management business processes.

Elements of eProcurement also include Invitation for Bids, Request for Proposals, and Request for Quotations.

8. Exhibit “Exhibit” means any document or object labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the Solicitation.

9. Offer “Offer” means a response to a solicitation.

10. Offeror “Offeror” means a person who responds to a Solicitation.

11. Person “Person” means any corporation, business, individual, union, committee, club, or other organization or group of individuals.

12. Procurement Officer

“Procurement Officer” means the person, or his or her designee, duly authorized by the State to enter into and administer Contracts and make written determinations with respect to the Contract.

13. Solicitation “Solicitation” means an Invitation for Bids (“IFB”), a Request for Technical Offers, a Request for Proposals (“RFP”), a Request for Quotations (“RFQ”), or any other invitation or request issued by the purchasing agency to invite a person to submit an offer.

14. Solicitation Amendment

“Solicitation Amendment” means a change to the Solicitation issued by the Procurement Officer.

15. Subcontract “Subcontract” means any Contract, express or implied, between the Contractor and another party or between a subcontractor and another party delegating or assigning, in whole or in part, the making or furnishing of any material or any service required

Youth Driver Education

State of Arizona Department of Child Safety

Office of Procurement & Contracts

SECTION 2-B: Uniform Instructions to Offerors Page 4 of 28 2 for the performance of the Contract.

16. State “State” means the State of Arizona and Department or Agency of the State that executes the Contract.

B. Inquiries

1. Duty to Examine It is the responsibility of each Offeror to examine the entire Solicitation, seek clarification in writing (inquiries), and examine its Offer for accuracy before submitting an Offer. Lack of care in preparing an Offer shall not be grounds for modifying or withdrawing the Offer after the Offer due date and time

2. Solicitation Contact Person

Any inquiry related to a Solicitation, including any requests for or inquiries regarding standards referenced in the Solicitation shall be directed solely to the Procurement Officer.

3. Submission of Inquiries

All inquiries related to the Solicitation are required to be submitted in the State’s eProcurement system. All responses to inquiries will be answered in the State’s eProcurement system. Any inquiry related to the Solicitation should reference the appropriate solicitation page and paragraph number. Offerors are prohibited from contacting any State employee other than the Procurement Officer concerning the procurement while the solicitation and evaluation are in process.

4. Timeliness Any inquiry or exception to the Solicitation shall be submitted as soon as possible and should be submitted at least seven days before the 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.

5. No Right to Rely on Verbal or Electronic Mail Responses

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

6. Solicitation Amendments

The Solicitation shall only be modified by a Solicitation Amendment.

7. Pre-Offer Conference

If a pre-Offer conference has been scheduled under the Solicitation, the date, time and location shall appear in the State’s eProcurement system. Offerors should raise any questions about the Solicitation at that time. An Offeror may not rely on any verbal responses to questions at the conference. Material issues raised at the conference that result in changes to the Solicitation shall be answered solely through a Solicitation Amendment.

8. Persons with Disabilities

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

C. Offer Preparation

1. Electronic

Documents The Solicitation is provided in an electronic format. Offerors are responsible for clearly identifying any and all changes or modifications to any Solicitation documents upon submission to the State’s eProcurement system. Any unidentified alteration or modification to any Solicitation, attachments, exhibits, forms, charts or illustrations contained herein shall be null and void. Offeror’s electronic files shall be submitted in

Youth Driver Education

State of Arizona Department of Child Safety

Office of Procurement & Contracts

SECTION 2-B: Uniform Instructions to Offerors Page 5 of 28 2 a format acceptable to the State. Acceptable formats include .doc and .docx (Microsoft Word), .xls and .xlsx (Microsoft Excel), .ppt and .pptx (Microsoft PowerPoint) and .pdf (Adobe Acrobat). Offerors wishing to submit files in any other format shall submit an inquiry to the Procurement Officer.

2. Evidence of Intent to be Bound

The Offer and Acceptance form within the Solicitation shall be submitted with the Offer in the State’s eProcurement system and shall include a signature by a person authorized to sign the Offer. The signature shall signify the Offeror’s intent to be bound by the Offer and the terms of the Solicitation and that the information provided is true, accurate and complete. Failure to submit verifiable evidence of an intent to be bound, such as a signature, shall result in rejection of the Offer.

3. Exceptions to Terms and Conditions

All exceptions included with the Offer shall be submitted in the State’s eProcurement system in a clearly identified separate section of the Offer in which the Offeror clearly identifies the specific paragraphs of the Solicitation where the exceptions occur. Any exceptions not included in such a section shall be without force and effect in any resulting Contract unless such exception is specifically accepted by the Procurement Officer in a written statement. The Offeror’s preprinted or standard terms will not be considered by the State as a part of any resulting Contract.

3.1 Invitation for Bids. An Offer that takes exception to a material requirement of any part of the Solicitation, including terms and conditions, shall be rejected.

3.2 Request for Proposals. All exceptions that are contained in the Offer may negatively impact an Offeror’s susceptibility for award. An Offer that takes exception to any material requirement of the solicitation may be rejected.

4. Subcontracts Offeror shall clearly list any proposed subcontractors and the subcontractor’s proposed responsibilities in the Offer.

5. Cost of Offer Preparation

The State will not reimburse any Offeror the cost of responding to a Solicitation.

6. Federal Excise Tax The State is exempt from certain Federal Excise Tax on manufactured goods.

Exemption Certificates will be provided by the State.

7. Provision of Tax Identification Numbers

Offerors are required to provide their Arizona Transaction Privilege Tax Number and/or Federal Tax Identification number as part of the Offer.

7.1 Employee Identification. Offeror agrees to provide an employee identification number or social security number to the State for the purposes of reporting to appropriate taxing authorities, monies paid by the State under this Contract. If the federal identifier of the Offeror is a social security number, this number is being requested solely for tax reporting purposes and will be shared only with appropriate state and federal officials. This submission is mandatory under 26 U.S.C. § 6041A

8. Identification of Taxes in Offer

The State is subject to all applicable state and local transaction privilege taxes. All applicable taxes shall be identified as a separate item offered in the Solicitation.

When applicable, the tax rate and amount shall be identified on the price sheet.

9. Disclosure If the person submitting this Offer has 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, the Offeror shall fully explain the circumstances relating to the preclusion or proposed preclusion in the Offer. The Offeror shall set forth the name

Youth Driver Education

State of Arizona Department of Child Safety

Office of Procurement & Contracts

SECTION 2-B: Uniform Instructions to Offerors Page 6 of 28 2 and address of the governmental unit, the effective date of the suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above shall be provided.

10. Delivery Unless stated otherwise in the Solicitation, all prices shall be F.O.B. Destination and shall include all freight, delivery and unloading at the destination(s).

11. Federal Immigration and Nationality Act

By signing of the Offer, the Offeror warrants that both it and all proposed subcontractors are in compliance with federal immigration laws and regulations (FINA) relating to the immigration status of their employees. The State may, at its sole discretion require evidence of compliance during the evaluation process. Should the State request evidence of compliance, the Offeror shall have five days from receipt of the request to supply adequate information. Failure to comply with this instruction or failure to supply requested information within the timeframe specified shall result in the Offer not being considered for contract award.

12. Offshore Performance of Work Prohibited

Any services that are described in the specifications or scope of work that directly serve the State 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 Offer.

D. Submission of Offer

1. Offer Submission, Due Date and Time Offerors responding to a Solicitation must submit the Offer electronically through the State’s eProcurement system. Offers shall be received before the due date and time stated in the solicitation. Offers submitted outside of the State’s eProcurement system or those that are received after the due date and time shall be rejected.

2. Offer and Acceptance

Offers shall include a signed Offer and Acceptance form. The Offer and Acceptance form shall be signed with a signature by the person authorized to sign the Offer, and shall be submitted in the State’s eProcurement system with the Offer no later than the Solicitation due date and time. Failure to return an Offer and Acceptance form may result in rejection of the Offer.

3. Solicitation Amendments

A Solicitation Amendment shall be acknowledged in the State’s eProcurement system no later than the Offer due date and time. Failure to acknowledge a Solicitation Amendment may result in rejection of the Offer.

4. Offer Amendment or Withdrawal

An Offer may not be amended or withdrawn after the Offer due date and time except as otherwise provided under applicable law.

5. Confidential Information

If an Offeror believes that any portion of an Offer, protest, or correspondence contains a trade secret or other proprietary information, the Offeror shall clearly designate the trade secret and other proprietary information, using the term “confidential.” An Offeror shall provide a statement detailing the reasons why the information should not be disclosed including the specific harm or prejudice that may arise upon disclosure. The Procurement Officer shall review all requests for confidentiality and provide a written determination. Until a written determination is made, a Procurement Officer shall not disclose information designated as

Youth Driver Education

State of Arizona Department of Child Safety

Office of Procurement & Contracts

SECTION 2-B: Uniform Instructions to Offerors Page 7 of 28 2 confidential except to those individuals deemed to have a legitimate State interest. In the event the Procurement Officer denies the request for confidentiality, the Offeror may appeal the determination to the State Procurement Administrator within the time specified in the written determination. Contract terms and conditions, pricing, and information generally available to the public are not considered confidential information.

6. Public Record All Offers submitted and opened are public records and must be retained by the State for six years. Offers shall be open and available to public inspection through the State’s eProcurement system after Contract award, except for such Offers deemed to be confidential by the State.

7. Non-collusion, Employment, and Services

By signing the Offer and Acceptance form or other official contract form, the Offeror certifies that:

7.1 The Offeror did not engage in collusion or other anti-competitive practices in connection with the preparation or submission of its Offer; and

7.2 The Offeror does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and that it complies with an applicable federal, state and local laws and executive orders regarding employment

E. Evaluation

1. Unit Price Prevails In the case of discrepancy between the unit price or rate and the extension of that unit price or rate, the unit price or rate shall govern.

2. Taxes If the products and/or services specified require transaction privilege or use taxes, they shall be described and itemized separately on the Offer. Arizona transaction privilege and use taxes shall not be considered for evaluation.

3. Prompt Payment Discount

Prompt payment discounts of thirty (30) days or more set forth in an Offer shall be deducted from the Offer for the purpose of evaluating that price.

4. Late Offers An Offer submitted after the exact Offer due date and time shall be rejected.

5. Disqualifications An Offeror (including each of its principals) who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity shall have its Offer rejected.

6. Offer Acceptance Period

An Offeror submitting an Offer under the Solicitation shall hold its Offer open for the number of days from the Offer due date that is stated in the Solicitation. If the Solicitation does not specifically state a number of days for Offer acceptance, the number of days shall be one hundred twenty (120).

7. Waiver and Rejection Rights

Notwithstanding any other provision of the Solicitation, the State reserves the right to:

7.1 Waive any minor informality;

7.2 Reject any and all Offers or portions thereof; or

7.3 Cancel the Solicitation.

F. Award

1. Number of Types The State reserves the right to make multiple awards or to award a Contract by

Youth Driver Education

State of Arizona Department of Child Safety

Office of Procurement & Contracts

SECTION 2-B: Uniform Instructions to Offerors Page 8 of 28 2 of Awards individual line items or alternatives, by group of line items or alternatives, or to make an aggregate award, or regional awards, whichever is most advantageous to the State.

2. Contract Inception An Offer does not constitute a Contract nor does it confer any rights on the Offeror to the award of a Contract. A Contract is not created until the Offer is accepted in writing by the Procurement Officer’s signature on the Offer and Acceptance form. A notice of award or of the intent to award shall not constitute acceptance of the Offer.

3. Effective Date The effective date of the Contract shall be the date that the Procurement Officer signs the Offer and Acceptance form or other official contract form, unless another date is specifically stated in the Contract.

G. Protests A protest shall comply with and be resolved according to Arizona Revised Statutes Title 41, Chapter 23, Article 9 and rules adopted thereunder. Protests shall be in writing and be filed with both the Procurement Officer of the purchasing agency and with the State Procurement Administrator. A protest of the Solicitation shall be received by the Procurement Officer before the Offer due date. A protest of a proposed award or of an award shall be filed within ten (10) days after the Procurement Officer makes the procurement file available for public inspection. A protest shall include:

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

2. The 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 requested.

H. Comments Welcome The State Procurement Office periodically reviews the Uniform Instructions to Offerors and welcomes any comments you may have. Please submit your comments to: State Procurement Administrator, State Procurement Office, 100 North 15th Avenue, Suite 201, Phoenix, Arizona, 85007.

End of Section 2-B

Youth Driver Education

State of Arizona Department of Child Safety

Office of Procurement & Contracts

SECTION 2-C: Special Instructions to Offerors Page 9 of 28 2

Section 2-C: Special 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 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.

1.4 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.

1.5 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.

1.6 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.

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

Youth Driver Education

State of Arizona Department of Child Safety

Office of Procurement & Contracts

SECTION 2-C: Special Instructions to Offerors Page 10 of 28 2

1.7 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.

1.8 Pricing

Document

“Pricing Document” is to be construed as referring to whatever item in the Contract contains the contracted pricing and payment provisions.

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

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

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

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

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

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

1.10 Solicitation

Amendment

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

1.11 Solicitation

Summary

“Solicitation Summary” means Section 2-A of the Solicitation Documents.

2.0 Solicitation Inquiries

2.1 State Contact

Person Direct all inquiries related to the Solicitation to the Procurement Officer, including requests for or inquiries regarding standards referenced in the Solicitation. Apart from the eProcurement 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.

2.2 Submission

of Inquiries

Submit all inquiries related to the Solicitation in the eProcurement system; the Procurement Officer will not respond to inquiries received in any other manner.

2.2.1 Submit technical inquiries about submitting offers in the eProcurement system to the eProcurement Help Desk:

by phone at (602) 542-7600, option 1; or by email to app@azdoa.gov.

2.2.2 Submit all other inquiries about the Solicitation using the online form under the “Discussion Forum” tab for the Solicitation in the eProcurement system. Always refer to the appropriate Solicitation document by page and paragraph number. Except for technical inquiries about submitting offers, State is not responsible for responding to any inquiries submitted less than 3 (three) business days before the offer due date and time.

DCS reserves the right to:

1. Respond to questions as an Amendment to the solicitation;

2. Respond to all questions as a group through an Amendment to the solicitation;

3. Respond in the eProcurement system on the Discussion Forum tab.

2.3 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.

3.0 Offer Preparation

mailto:app@azdoa.gov

Youth Driver Education

State of Arizona Department of Child Safety

Office of Procurement & Contracts

SECTION 2-C: Special Instructions to Offerors Page 11 of 28 2

3.1 Online

Documents

The Solicitation Documents are only provided online in the eProcurement system;

The State will not provide any printed copies or other formats.

Offerors should copy solicitation attachments to their computer. Information entered on the attachments by the Offerors must be saved with the completed attachment uploaded to the eProcurement system as an appropriately named attachment as part of the submitted Offer.

Offers shall include the following and shall include at least the following information in the order listed below completed as requested in any instruction contained within this solicitation. Complete and submit all information requested. Information will be utilized in the evaluation process. Failure to complete and submit all required information may have a negative impact on the evaluation of the offer and/or deem the Offeror nonresponsive.

Attachment 1 - Signed Offer and Acceptance Form Attachment 2 – Pricing Attachment 3 – Organization Profile Attachment 4 - Employee Roster Attachment 5 - Proposed Subcontractors Attachment 6 - Boycott of Israel Designation Attachment 7 - Confidential Information Designation Attachment 8 - Conformance Statements

3.2 Electronic

Submissions

Offers in response to this solicitation shall be submitted within the State's eProcurement system, on the forms and in the format specified.

When submitting an Offer, all documents shall be submitted in the eProcurement system on the forms provided and in the acceptable format specified in the solicitation. Acceptable document formats include .DOC and .DOCX (Microsoft Word), .XLS and .XLSX (Microsoft Excel), .PPT and .PPTX (Microsoft PowerPoint) and .PDF (Adobe Acrobat).

Where page limits are identified for a given response, Offerors should not exceed the limit. That portion of a response which exceeds the limit will not be evaluated and will have a negative impact on the evaluation.

Offeror shall update all fields of the eProcurement Vendor Registration ensuring that the eProcurement registration matches the legal name on the Arizona Substitute W9 and that name matches the name the vendor is registered with at the Internal Revenue Service.

3.3 Deviations

in Offer

When submitting an Offer, flag clearly any deviations from the Specifications or other Solicitation technical requirements documents. Any un-flagged 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 Offers 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.

Youth Driver Education

State of Arizona Department of Child Safety

Office of Procurement & Contracts

SECTION 2-C: Special Instructions to Offerors Page 12 of 28 2

3.5 Exceptions to

Solicitation Documents

3.5.1 If you are submitting an Offer conditioned on exceptions to the Solicitation Documents, indicate “NO” on the Conformance Statement form, and also indicate that exceptions are being taken under the “Terms & Conditions” tab for the Solicitation in the eProcurement system. 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.

3.5.2 Offerors shall state their understanding and acceptance of all Uniform and Special Terms and Conditions and all requirements stated within this solicitation by indicating so within the Terms & Conditions Tab of the solicitation within the eProcurement system. Offerors shall indicate any exceptions by stating the exact section and paragraph number in question and shall provide alternate replacement language for consideration by the State.

(a) Exceptions to the Terms and Conditions, as stated in the Uniform

Instructions to Offerors, will impact an Offeror’s susceptibility for award.

3.6 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.

4.0 Submission of Offer

4.1 Required Offer

Content To be Responsive, each Offer, Revised Offer or a Best and Final Offer must contain all of the Attachments indicated in the solicitation of in the applicable Procurement Officer request for Revised Offer or request for Best and Final Offer. If Procurement Officer does not request that a Revised Offer or Best and Final Offer include revision of an Attachment from its initial or previously-revised form, as applicable, then (1) Offeror shall not submit any revision of that Attachment with the Revised Offer or a Best and Final Offer, and Procurement Officer will disregard any such unrequested revision and (2) that Attachment be valid in its initial or previously-revised form, as applicable, for the duration of the Revised Offer or Best and Final Offer validity period.

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.

NOTE (1): You must upload each such “additional” document as an individual file and name the file to match the document title.

NOTE (2): Attachment Forms cannot be filled-in directly in the eProcurement system;

they must be downloaded, edited, and then uploaded (referred to as “attachments” in the eProcurement system) as part of each Offer.

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 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.

Youth Driver Education

State of Arizona Department of Child Safety

Office of Procurement & Contracts

SECTION 2-C: Special Instructions to Offerors Page 13 of 28 2

4.4 Submission Submit each Offer online in the eProcurement system before the “Bid Opening Date” indicated for the Solicitation. The State will not consider a offer submitted by any other method other than in the eProcurement system, and it will be deemed void upon submission. By A.A.C. R2-7-C307, the State will not consider later offers.

The State will give no extension or grace period for delays or incomplete offers caused by internet connectivity problems, file uploading difficulties, or misunderstanding of the requirements or procedures for online submission in the eProcurement system. If your offer is not submitted correctly, completely, and in conformance to these Instructions herein, then Procurement Officer may determine it Not Susceptible for Award.

Offer shall update all fields of the eProcurement Vendor Registration ensuring that the eProcurement registration matches the legal name on the Arizona Substitute W9 and that name matches the name the vendor is registered with at the Internal Revenue Service.

NOTE: Using the eProcurement system requires a certain level of technical competency; select your staff to submit offers and handle other Solicitation general matters in the eProcurement system carefully, since the eProcurement system Help Desk cannot do any of the required actions for the Offer.

4.5 Solicitation

Amendments

Acknowledge each Solicitation Amendment in the eProcurement 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. If you have submitted your offer early, you must be alert for subsequent Solicitation Amendments – if one is issued after your submission but before offer due date and time, then the Procurement Officer may determine the Offer to be Not Responsive if you have not acknowledged it.

4.6 Amending or

Withdrawing

You cannot amend or withdraw a submitted offer after the 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:

4.7.1 Indicate the “Designation of Confidential Information” Form that your offer contains such claimed confidential information; and

4.7.2 Designate clearly throughout the Offer each instance of that trade secret or other proprietary information in the other portions of your offer using the term “confidential.”

4.7.3 Identify in the eProcurement system the document as confidential by clicking on the “Confidential” box after the document is added as an attachment.

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

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 DCS Chief Procurement Officer 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.

Youth Driver Education

State of Arizona Department of Child Safety

Office of Procurement & Contracts

SECTION 2-C: Special Instructions to Offerors Page 14 of 28 2

4.8 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 Evaluation of Offers

5.1 Opening Quotes shall be opened at the due date and time in accordance with the eProcurement system.

5.2 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.

If the Best and Final Offer is not received, or if it is withdrawn prior to the Best and Final Offer deadline, the immediately previous offer will be construed as the Best and Final Offer.

5.3 Clarifications /

Discussions

Upon receipt and opening of offers 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 the offer. Clarifications shall not otherwise afford Offerors the opportunity to alter or change their offer.

Discussions may be conducted with Offerors who submit offers determined to be reasonably susceptible of being selected for award. Award may be made without discussions, therefore, the Offeror's initial offer should contain the Offeror's best terms from a price or cost and technical standpoint.

5.4 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 persons. Such oral presentations shall not otherwise afford an Offeror the opportunity to alter or change its Offer.

5.5 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.

5.6 Consideration of

Deviations

Procurement Officer may downgrade 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.

Youth Driver Education

State of Arizona Department of Child Safety

Office of Procurement & Contracts

SECTION 2-C: Special Instructions to Offerors Page 15 of 28 2

5.7 Consideration of

Prompt Payment Discount

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

5.8 Consideration of

Taxes

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

5.9 Site Visit If applicable, prior to the RFQ due date, a site visit may be scheduled. Offerors are encouraged to visit the facility to become familiar with the site location, access areas, and/or any other physical site conditions which may affect the service delivery or specifications contained herein. A site visit for this facility shall be coordinated and approved by the Project Coordinator (PC) and the Building Liaison (BL).

6.0 Award of Contract

6.1 Best Advantage

to State In accordance with A.R.S. 41-2533(G), the contract shall be awarded to the lowest responsible and responsive bidder whose bid conforms in all material respects to the requirements and criteria set forth in the invitation for Quotes.

6.2 Contract

Document Consolidation

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.

6.3 Debriefing After contract award the Offeror is encouraged to ask questions to clarify or resolve any concerns arising from this solicitation or contract award. The primary goal is to answer the Offerors questions and concerns at the lowest administrative level.

Experience has demonstrated that most issue may be successfully resolved at this level; therefore, preferable to more formal procedures. Questions should be directed to the DCS Contract Unit person.

6.4 Contract

Implementation Meetings

Upon award, the Contractor may be required to participate in post award meetings for the successful implementation of the contract. Meetings (if any) will be at the discretion of DCS. The Contractor will be notified in advance of any meeting's time, frequency for future meetings (if any), and locations to ensure all appropriate DCS and Contractor's staff and representatives attend. DCS reserves the right to decline conference call attendance or participation.

6.5 Required Post

Award Documents

6.5.1 Offeror Insurance: If you are awarded a contract, you will be required to submit a Certificate of Insurance (COI) that reflects the coverage in the minimum amounts stated in the DCS Special Terms and Conditions within ten (10) days. The form can be submitted to:

Arizona Department of Child Safety Attn: DCS Contracts Unit 3003 N. Central, Site Code C010-20 Phoenix, AZ 85012

6.5.2 A completed, signed, and dated Arizona Substitute W-9. The name on the ARIZONA SUBSTITUTE W9 must match the name registered in the eProcurement system; and the name used for the Internal Revenue Service.

6.5.3 A completed Listing of Employees and Subcontractors for submittal to

Youth Driver Education

State of Arizona Department of Child Safety

Office of Procurement & Contracts

SECTION 2-C: Special Instructions to Offerors Page 16 of 28 2

Central Registry.

6.5.4 Central Registry Form DCS-1083A: The Central Registry Background

Check is to be used as a factor to determine qualifications for positions that provide direct service to children or vulnerable adults.

7.5.4(a) Upon contract award, the Offeror shall submit the Central Registry

Form DCS-1083A to DCSCentralRegistry@azdcs.gov for each employee, subcontractor employee and prospective employee or volunteer of the contractor or subcontractor that is proposed to provide direct services to children or vulnerable adults.

End of Section 2-B mailto:DCSCentralRegistry@azdcs.gov

Youth Driver Education

State of Arizona Department of Child Safety

Office of Procurement & Contracts

SECTION 2-D: Offer Forms, Attachment 1 Page 17 of 28 2

Section 2-D: Offer Forms (Attachments)

Attachment 1 Offer and Acceptance Form

Attachment 2 Pricing Sheet

Attachment 3 Organizational Profile

Attachment 4 Employee Roster

Attachment 5 Proposed Subcontractors

Attachment 6 Boycott of Israel Designation

Attachment 7 Confidential Information Designation

Attachment 8 Conformance Statements

Youth Driver Education

State of Arizona Department of Child Safety

Office of Procurement & Contracts

SECTION 2-D: Offer Forms, Attachment 1 Page 18 of 28 2

Attachment 1 Offer and Acceptance Form

TO THE STATE OF ARIZONA:

The Undersigned hereby offers and agrees to furnish the material, service or construction in compliance with all terms, conditions, specifications and amendments in the Solicitation and any written exceptions in the offer.

x

Offeror company name Signature of person authorized to sign Offer Initials x x

Address Printed name and title x x

City | State | ZIP Contact name and title x x x

Federal tax identifier (EIN or SSN) Email Address Phone Number

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

1. The submission of the Offer did not involve collusion or other anticompetitive practices.

2. The Offeror shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, State Executive Order 2009-9 or A.R.S. §§ 41−1461 through 1465.

3. The Offeror 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 shall result in rejection of the offer. Signing the offer with a false statement shall void the offer, any resulting contract and may be subject to legal remedies provided by law.

4. The Offeror certifies that the above referenced organization ___ IS/ ___ IS NOT a small business with less than 100 employees or has gross revenues of $4 million or less.

ACCEPTANCE OF OFFER: State hereby accepts the initial Offer, Revised Offer, or Best and Final Offer, and which was dated below. The Contractor is now bound to sell the materials or services listed by the attached contract and based upon the solicitation, including all terms, conditions, specifications, amendments, etc., and the Contractor’s Offer as accepted by the State. The Contractor is cautioned not to commence any billable work or to provide any material or perform any service under the Contract until the Contractor receives the applicable purchase order, contract release document or written notice to proceed.

State’s Contract No. is: The effective date of the Contract is:

, Procurement Officer Contract awarded date

End of Attachment 1

Youth Driver Education

State of Arizona Department of Child Safety

Office of Procurement & Contracts

SECTION 2-D: Offer Forms, Attachment 3 Page 19 of 28 2

Attachment 2 Pricing

(For reference only – no attachment necessary)

Pricing (line item pricing shall be submitted within the eProcurement system).

End of Attachment 2

Youth Driver Education

State of Arizona Department of Child Safety

Office of Procurement & Contracts

SECTION 2-D: Offer Forms, Attachment 3 Page 20 of 28 2

Attachment 3 Organization Profile

Offeror Name x Year established x

Main Contract Representative Name and Title x # of Employees x

Principal address (street, city, state/zip) x

Phone Number x Email x

ADOT Certification x Parent

Company Name (if applicable):

x

Hours of Operation

Contract…