CTR072354_Contract_Documents.pdf

ATTACHMENT A

OFFER AND ACCEPTANCE

ARIZONA DEPARTMENT OF

HEALTH SERVICES

150 North 18th Avenue, Suite 530 Phoenix, AZ 85007

INVITATION FOR BID NO.: BPM006041

RAPID HIV TEST KITS

FOR COMMUNITY BASED TESTING EVENTS

OFFER

TO THE STATE OF ARIZONA:

The Undersigned hereby offers and agrees to provide Rapid HIV Test Kits for Community Based Testing Events in compliance with all terms, conditions, specifications, and amendments in the Solicitation and any written exceptions in the Offer.

Offeror company name Signature of person authorized to sign Offer

Address Printed name and title

City, State, ZIP Contact name and title

CERTIFICATION: By signature in the above, Offeror certifies that it: Contact email address Contact phone number

1. Will not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246, [Arizona] State Executive Orders 2023-09, 2023-01, 2009-09 or A.R.S. §§ 41-1461 through 41-1465;

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

3. Complies with A.R.S. § 18-132 when offering electronics or information technology products, services, or maintenance;

4. Has submitted this Offer as a firm offer for 180 days following the Solicitation due date and time per the Instructions to Offers;

5. Did not and will not involve collusion or other anti-competitive practices;

6. Is not debarred from, or otherwise prohibited, from participating in any contract awarded by federal, state, or local government; and

7. For use in Requests for Quotation only, 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

The Offer is hereby accepted.

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 Contract shall henceforth be referred to as Contract No.

The effective date of the Contract is

The Contractor is cautioned not to commence any billable work or to provide any Material or Service under this contract until Contractor receives purchase order, contract release document, or written notice to proceed.

State of Arizona Awarded this Day of 20

Procurement Officer signature

14th June 24

Gina Corwin Digitally signed by Gina Corwin Date: 2024.06.14 14:31:12 -07'00'

Part Two (2) - SPECIFICATIONS

INVITATION FOR BID NO.: BPM000231

*The following Table of Contents applies to all attachment documents in APP for this Solicitation*

Part One (1) Notice Page

Table of Contents

Scope of Work

Special Terms and Conditions

Uniform Terms and Conditions

Exhibits

Part Two (2) Table of Contents

Special Instructions to Bidders

Uniform Instructions to Bidders

Attachments located in APP Attachment A: Offer and Acceptance

Attachment B: Notices, Correspondence and Payments

Attachment C: Designation of Confidential, Trade Secret & Proprietary Information

Attachment D ; Participation if Boycott of Israel

Attachment E: Forced Labor of Ethnic Uyghurs Ban

Solicitation Contact Person:

Lucas Terry, Procurement Officer

Arizona Department of Health Services

Phone: (480) 521-2825

E-mail: lucas.terry@azdhs.gov

PART ONE (1)

SCOPE OF WORK

ARIZONA DEPARTMENT OF

HEALTH SERVICES

150 North 18th Avenue, Suite 530 Phoenix, AZ 85007

INVITATION FOR BID NO.: BPM006041

RAPID HIV TEST KITS

FOR COMMUNITY BASED TESTING EVENTS

I. SCOPE OF WORK

1. BACKGROUND

1.1. The mission of the Arizona Department of Health Services (ADHS), Office of HIV & Hepatitis C Services (OHHS), Human Immunodeficiency Virus (HIV) Prevention Program is to meet the HIV prevention public health needs within the State of Arizona through collaboration with diverse community partners and individuals.

1.2. OHHS has the responsibility of administering Integrated HIV Surveillance and Prevention Programs for Health Departments funds (CDC PS 18-1802) provided by the U.S. Centers for Disease Control and Prevention (CDC).

OHHS contracts with Public Health Departments and organizations statewide to conduct CDC-required high-impact HIV prevention strategies and activities, including:

1.2.1. Data collection, analysis and dissemination.

1.2.2. Identification of individuals experiencing risk for or living with HIV.

1.2.3. Responding to HIV transmission clusters and outbreaks.

1.2.4. Providing comprehensive prevention services for people living with HIV.

1.2.5. Providing comprehensive prevention services for HIV negative individuals experiencing risk for HIV infection.

1.2.6. Perinatal HIV prevention and surveillance.

1.2.7. Community-level HIV prevention activities.

1.2.8. Integrated prevention and care planning.

1.2.9. Structural strategies to support/facilitate HIV surveillance and prevention.

1.2.10. Data-driven monitoring and evaluation.

1.2.11. Capacity building and technical assistance.

1.3. To further these goals ADHS intends to procure single-use rapid test kits for the detection of antibodies to HIV Type One (1) and Type Two (2) (HIV-1/HIV-2) that has results available in sixty (60) seconds. The purpose of the purchase of these test kits is to distribute these rapid HIV test kits to organizations conducting community based testing at events where being able to rapidly provide results is necessary to induce persons to take an HIV test.

2. OBJECTIVE

2.1. The objective of this Contract is to acquire single use rapid assay for the detection of antibodies to HIV-1/HIV-

2 test kits, the associated HIV test kit controls, and other supplies related to performing tests for ADHS distribution.

2.2. ADHS is seeking competative bids for the HIV test kits, the associated HIV test kit controls, and other supplies related to performing tests meeting the minimum requirements described in this solicitation. Distribution of the test kids after they are purchased will be managed by ADHS. This IFB is not for the provision of HIV testing or

SCOPE OF WORK ARIZONA DEPARTMENT OF

HEALTH SERVICES

150 North 18th Avenue, Suite 530

Phoenix, AZ 85007

INVITATION FOR BID NO.: BPM006041

HIV test kit distribution services.

3. SCOPE OF SERVICES

The Contractor shall:

3.1. Provide ADHS with single-use rapid test kits for the detection of antibodies to HIV-1/HIV-2 that shall provide results within sixty (60) seconds.

3.2. Provide ADHS with control kits for single-use rapid assay for the detection of antibodies to HIV-1/HIV-2 that shall provide results within sixty (60) seconds.

3.3. Provide ADHS any additional test kit or control supplies or components necessary to perform the tests.

3.4. The Contractor providing these HIV test kits shall be able to:

3.4.1. Provide a contact person to coordinate orders of HIV test kits and controls as well as troubleshoot any issues that may arise with test kits, controls, or ordering processes.

3.4.2. Provide an order form or ordering process which can be used by ADHS staff.

3.4.3. Send invoices to ADHS promptly and provide packing slips by email if requested by ADHS.

3.4.4. Mail test kits to ADHS, HIV Prevention Program Manager, Office of HIV and Hepatitis C Services, located at 150 North 18th Avenue, Suite 280, in Phoenix, AZ 85007 in such a way that temperatures in the mailing process do not damage the HIV test kits and HIV test kit controls.

3.4.5. Provide training to ADHS staff on the use of the HIV test kit and controls.

4. STATE PROVIDED ITEMS:

ADHS will request a quote when supplies are required.

5. REQUIREMENTS

5.1. The HIV test kit shall meet the following criteria:

5.1.1. The test is a manual, visually read, flow-through immunoassay for the qualitative detection of HIV-

1/HIV-2 antibodies in human blood obtained from fingerstick in as little as sixty (60) seconds.

5.1.2. The test consists of a nitrocellulose filtration membrane positioned atop an absorbent material within a plastic cartridge.

5.1.3. When the membrane has been spotted with HIV-1 and HIV-2 recombinant proteins they react with HIV antibodies in the specimen. The membrane shall also include a procedure control.

5.1.4. At a minimum HIV Test Kit packages shall include:

5.1.4.1. Outer Box.

5.1.4.2. Individually Punched Membrane Units.

HEALTH SERVICES

150 North 18th Avenue, Suite 530

Phoenix, AZ 85007

INVITATION FOR BID NO.: BPM006041

5.1.4.3. One and a half millileter (1.5mL) solution vial of sample dilutant.

5.1.4.4. One and a half millileter (1.5mL) solution of color developer.

5.1.4.5. One and a half millileter (1.5mL) solution vial of clarifying solution.

5.1.4.6. Single Use Safety Lancet.

5.1.4.7. Specimen Collection Capillary Pipette with fifty millileter (50mL) fill line.

5.1.4.8. Single Use seventy percent (70%) Isopropyly Alchol Swab.

5.1.4.9. Information Brochure.

5.1.4.10. Customer Letter.

5.1.4.11. Package Insert.

5.1.5. At a minimum HIV Control Test Kit Packages shall include:

5.1.5.1. HIV-1 Positive Controls.

5.1.5.2. HIV-2 Positive Controls.

5.1.5.3. HIV Negative Controls.

5.1.5.4. Package Insert.

5.1.6. The HIV test shall have been granted a Clinical Laboratory Improvements Amendments (CLIA) Waiver by the Food and Drug Administration (FDA). A CLIA Waived test is a simple laboratory examination or procedure that has an insignificant risk of an erroneous result meaning the tests can be performed by untrained users at point-of-care (POC) locations.

5.1.7. The HIV test kits and controls shall be able to have the ability to be stored at temperatures of fifteen degrees Celsius (15°C) to thirty degrees Celcius (30°C) or fifty-nine degrees Fahrenhheit (59°F) to eighty-six degrees Fahrenheit (86°F).

5.2. The Contractor providing these HIV test kits shall be able to Fulfill orders of HIV test kitsand controls within fourteen (14) business days of an order being placed under normal business conditions.

6. DELIVERABLES

The Contractor shall provide:

6.1. Proof of Clinical Laboratory Improvements Amendments (CLIA) Waiver by the Food and Drug Administration

(FDA).

6.2. Invoices within thirty (30) days of providing the commodities.

6.3. A formal quote when it is requested.

HEALTH SERVICES

150 North 18th Avenue, Suite 530

Phoenix, AZ 85007

INVITATION FOR BID NO.: BPM006041

6.4. Provide a catalog to include other Test Kit items not otherwise listed (if available).

6.5. An order confirmation with tracking information.

6.6. A packing slip that should be shipped out with all orders and invoices.

6.7. Current and accurate Certificate of Liability Insurance (COI) that meets the minimum requirements of the State shall be provided throughout the term of the Contract. A Purchase Order shall not be issued without a current and valid COI that meets the requirement of the Contract and the Contractor shall be unable to provide services.

7. APPROVALS:

7.1. The Contractor will be paid in accordance with the listed prices. The Contractor’s sole compensation will be from the Contract amounts annotated on Price List in the State Procurement Portal (APP).

7.2. ADHS will not pay for products in advance. Payments will be made as shown by an itemized invoice, submitted by the Contractor by the thirtieth (30th) day of the month following delivery. Payments will not be authorized if the invoice submitted is incomplete or does not contain the necessary information needed to properly review.

8. NOTICES, CORRESPONDENCE, REPORTS AND INVOICES

8.1. Notices and Correspondence from the Contractor to ADHS shall be sent to:

Eduardo E. Moreira, MHA HIV Prevention Program Manager Office of HIV & Hepatitis C Services Arizona Department of Health Services 150 North 18th Avenue, Suite 280, Phoenix, AZ 85007 Email: eduardo.moreira-orantes@azdhs.gov

Moble: (480) 698-5233

8.2. Invoices from the Contractor shall be sent to invoices@azdhs.gov

8.3. AUTOMATED CLEARING HOUSE. ADHS may pay invoices for some or all Orders through an Automated Clearing House (ACH). In order to receive payments in this manner, the Contractor shall complete an ACH Vendor Authorization Form (form GAO-618) within thirty (30) days after the effective date of the Contract. The form is available online at: https://gao.az.gov/sites/default/files/GAO- 618%20ACH%20Authorization%20Form%20101019.pdf

8.3.1. ACH Vendor Authorization Form shall be emailed to Vendor.Payautomation@azdoa.gov mailto:invoices@azdhs.gov https://gao.az.gov/sites/default/files/GAO-618%20ACH%20Authorization%20Form%20101019.pdf https://gao.az.gov/sites/default/files/GAO-618%20ACH%20Authorization%20Form%20101019.pdf mailto:Vendor.Payautomation@azdoa.gov

SEPCIAL TERMS AND CONDITIONS ARIZONA DEPARTMENT OF

HEALTH SERVICES

150 North 18th Avenue, Suite 530

Phoenix, AZ 85007

INVITATION FOR BID NO.: BPM006041

II. SPECIAL TERMS AND CONDITIONS

1. Purpose

Pursuant to provisions of the Arizona Procurement Code, A.R.S. § 41-2501 Et Seq., the State of Arizona, Department of Health Services (ADHS) intends to establish a Contract for the materials or services as listed herein.

2. Term of Contract (1 Year)

The term of any resultant Contract shall commence upon final signature and shall continue for a period of One (1) Year thereafter, unless terminated, canceled or extended as otherwise provided herein.

3. Contract Extensions 5 (Five) Year Maximum

The Contract term begins upon award and shall continue for a period of one (1) year subject to additional successive periods of twelve (12) months per extension with a maximum aggregate including all extensions not to exceed five

(5) years.

4. Contract Type

X Fixed Price

5. Licenses

The Contractor shall maintain in current status, all federal, state and local licenses and permits required for the operation of the business conducted by the Contractor.

6. Information Disclosure

The Contractor shall establish and maintain procedures and controls that are acceptable to the State for the purpose of assuring that no information contained in its records or obtained from the State 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 State.

The Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of Contractor as needed for the performance of duties under the Contract, unless otherwise agreed to in writing by the State.

7. Key Personnel

10.1. It is essential that the Contractor provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this Contract. The Contractor shall agree to assign specific individuals to the key positions.

10.2. The Contractor agrees that, once assigned to work under this Contract, key personnel shall not be removed or replaced without written notice to the State.

10.3. Key personnel who are not available for work under this Contract for a continuous period exceeding thirty (30) calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify the State, and shall, subject to the concurrence of the State, replace such personnel with personnel of substantially equal ability and qualifications.

HEALTH SERVICES

150 North 18th Avenue, Suite 530

Phoenix, AZ 85007

INVITATION FOR BID NO.: BPM006041

8. Most-Favored Customer

Throughout the life of the contract, the Contractor shall always offer the State the Most-Favored Customer or Highest Tier Customer price discount rate on contracted product(s) concurrent with a published price discount rate made to other Customers (both Private and Public sectors). The Contractor shall extend to the State that most-favored customer or Highest Tier Customer price discount on all new product lines during the life of the contract.

9. Non-Exclusive Contract

Any contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of the State of Arizona. The State reserves the right to obtain like goods or services from another source when necessary, or when determined to be in the best interest of the State.

10. Volume of Work

The Arizona Department of Health Services does not guarantee a specific amount of work either for the life of the Contract or on an annual basis.

11. Employees of the Contractor

All employees of the Contractor employed in the performance of work under the Contract shall be considered employees of the Contractor at all times, and not employees of the ADHS or the State. The Contractor shall comply with the Social Security Act, Workman’s Compensation laws and Unemployment laws of the State of Arizona and all State, local and Federal legislation relevant to the Contractor’s business.

12. Order Process

The award of a Contract shall be in accordance with the Arizona Procurement Code. Any attempt to represent any material and/or service not specifically awarded as being under contract with ADHS is a violation of the Contract and the Arizona Procurement Code. Any such action is subject to the legal and contractual remedies available to the state inclusive of, but not limited to, Contract cancellation, suspension and/or debarment of the Contractor.

13. Vendor Performance Reports

Program management shall document vendor performance, both exemplary and needing improvements where corrective action is needed or desired. Copies of corrective action reports will be forwarded to the ADHS Procurement Office for review and any necessary follow-up. The Procurement Office may contact the Contractor upon receipt of the report and may request corrective action. The Procurement Office shall discuss the Contractor’s suggested corrective action plan with the Procurement Specialist for approval of the plan.

14. Payment Procedures

14.1. ADHS accounting will not make payments to any Entity, Group or individual other than the Vendor with the

Federal Employer Identification (FEI) Number identified in the Contract. Vendor invoices requesting payment to any Entity, Group or individual other than the contractually specified Vendor shall be returned to the Vendor for correction.

14.2. The Vendor shall review and insure that the invoices for services provided show the correct Vendor name prior to sending them to the ADHS Accounting Office for payment.

14.3. If the Vendor Name and FEI Number change, the Vendor must complete an “Assignment and Agreement” form transferring contract rights and responsibilities to the new Vendor. ADHS must indicate consent on the

HEALTH SERVICES

150 North 18th Avenue, Suite 530

Phoenix, AZ 85007

INVITATION FOR BID NO.: BPM006041

form. A written Contract Amendment must be signed by both parties and a new IRS W-9 form must be submitted by the new Vendor and entered into the system prior to any payments being made to the new Vendor.

15. Financial Management

15.1. For all Contracts, the practices, procedures, and standards specified in and required by the Accounting and

Auditing Procedures Manual for Arizona Department of Health Services funded programs shall be used by the Contractor in the management of Contract funds and by the ADHS when performing a Contract audit.

Funds collected by the Contractor in the form of fees, donations and/or charges for the delivery of these Contract services shall be accounted for in a separate fund.

15.2. State Funding. Contractors receiving state funds under this Contract shall comply with the certified compliance provisions of A.R.S. § 35-181.03.

15.3. Federal Funding. Contractors receiving federal funds under this Contract shall comply with the certified finance and compliance audit provision of the Office of Management and Budget (OMB) Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR 200), if applicable. The federal financial assistance information shall be stated in a Change Order or Purchase Order.

16. Inspection and Acceptance

All services, data and required reports are subject to final inspection, review, evaluation and acceptance by the ADHS.

The ADHS may withhold payment for services that are deemed to not meet Contract standards.

17. Authorization for Services

Authorization for purchase of services under this Contract shall be made only upon ADHS issuance of a Purchase Order that is signed by an authorized agent. The Purchase Order will indicate the Contract number and the dollar amount of funds authorized. The Contractor shall only be authorized to perform services up to the amount on the Purchase Order. ADHS shall not have any legal obligation to pay for services in excess of the amount indicated on the Purchase Order. No further obligation for payment shall exist on behalf of ADHS unless a) the Purchase Order is changed or modified with an official ADHS Procurement Change Order, and/or b) an additional Purchase Order is issued for purchase of services under this Contract.

18. Indemnification Clause

18.1. 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

HEALTH SERVICES

150 North 18th Avenue, Suite 530

Phoenix, AZ 85007

INVITATION FOR BID NO.: BPM006041

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.

18.2. 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.

19. Insurance Requirements

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.

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.

19.1. Minimum Scope and Limits of Insurance

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

19.1.1. 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

19.1.1.1. 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.

19.1.1.2. 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.

19.1.2. 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

19.1.2.1. Policy shall be endorsed, as required by this written agreement, to include the State of

Arizona, and its departments, agencies, boards, commissions, universities, officers, HEALTH SERVICES

150 North 18th Avenue, Suite 530

Phoenix, AZ 85007

INVITATION FOR BID NO.: BPM006041

officials, 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.

19.1.2.2. 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,

19.1.3. 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

19.1.3.1. 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,

19.1.3.2. 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).

19.2. Additional Insurance Requirements

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

19.2.1. The Contractor's policies, as applicable, shall stipulate that the insurance afforded the Contractor shall be primary and that any insurance carried by the Department, its agents, officials, employees or the State of Arizona shall be excess and not contributory insurance, as provided by A.R.S. § 41- 621 (E).

19.2.2. Insurance provided by the Contractor shall not limit the Contractor’s liability assumed under the indemnification provisions of this Contract.

19.3. Notice of Cancellation

Applicable to all insurance policies required within the Insurance Requirements of this Contract, Contractor’s insurance shall not be permitted to expire, be suspended, be canceled, or be materially changed for any reason without thirty (30) days prior written notice to the State of Arizona. Within two (2) business days of receipt, Contractor must provide notice to the State of Arizona if they receive notice of a policy that has been or will be suspended, canceled, materially changed for any reason, has expired, or will be expiring. Such notice shall be sent directly to the Department and shall be mailed, emailed, hand delivered or sent by facsimile transmission to (State Representative’s Name, Address & Fax Number).

19.4. Acceptability of Insurers

HEALTH SERVICES

150 North 18th Avenue, Suite 530

Phoenix, AZ 85007

INVITATION FOR BID NO.: BPM006041

Contractor’s insurance shall be placed with companies licensed in the State of Arizona or hold approved non-admitted status on the Arizona Department of Insurance List of Qualified Unauthorized Insurers. Insurers shall have an “A.M. Best” rating of not less than A- VII. The State of Arizona in no way warrants that the above-required minimum insurer rating is sufficient to protect the Contractor from potential insurer insolvency.

19.5. Verification of Coverage

Contractor shall furnish the State of Arizona with certificates of insurance (valid ACORD form or equivalent approved by the State of Arizona) evidencing that Contractor has the insurance as required by this Contract.

An authorized representative of the insurer shall sign the certificates.

19.5.1. All such certificates of insurance and policy endorsements must be received by the State before work commences. The State’s receipt of any certificates of insurance or policy endorsements that do not comply with this written agreement shall not waive or otherwise affect the requirements of this agreement.

19.5.2. Each insurance policy required by this Contract must be in effect at, or prior to, commencement of work under this Contract. Failure to maintain the insurance policies as required by this Contract, or to provide evidence of renewal, is a material breach of contract.

19.5.3. All certificates required by this Contract shall be sent directly to the Department. The State of Arizona project/contract number and project description shall be noted on the certificate of insurance. The State of Arizona reserves the right to require complete copies of all insurance policies required by this Contract at any time.

19.6. Subcontractors

Contractor’s certificate(s) shall include all subcontractors as insureds under its policies or Contractor shall be responsible for ensuring and/or verifying that all subcontractors have valid and collectable insurance as evidenced by the certificates of insurance and endorsements for each subcontractor. All coverages for subcontractors shall be subject to the minimum Insurance Requirements identified above. The Department reserves the right to require, at any time throughout the life of this contract, proof from the Contractor that its subcontractors have the required coverage.

19.7. Approval and Modifications

The Contracting Agency, in consultation with State Risk, reserves the right to review or make modifications to the insurance limits, required coverages, or endorsements throughout the life of this contract, as deemed necessary. Such action will not require a formal Contract amendment but may be made by administrative action.

19.8. Exceptions

In the event the Contractor or subcontractor(s) is/are a public entity, then the Insurance Requirements shall not apply. Such public entity shall provide a certificate of self-insurance. If the Contractor or subcontractor(s) is/are a State of Arizona agency, board, commission, or university, none of the above shall apply.

20. Health Insurance Portability and Accountability Act of 1996

20.1. 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

HEALTH SERVICES

150 North 18th Avenue, Suite 530

Phoenix, AZ 85007

INVITATION FOR BID NO.: BPM006041

warrants that it will cooperate with the Arizona Department of Health Services (ADHS) in the course of performance of the Contract so that both ADHS and Contractor will be in compliance with HIPAA, including cooperation and coordination with the Arizona Department of Administration-Arizona Strategic Enterprise Technology (ADOA-ASET) Office, the ADOA-ASET Arizona State Chief Information Security 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 ADHS and Contractor in compliance with HIPAA, including, but not limited to, business associate agreements.

20.2. If requested by the ADHS Procurement Office, 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 HIPAA training offered by ADHS or to provide written verification that the Contractor has attended or participated 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 ADOA-ASET Arizona State Chief Information Security Officer and HIPAA Coordinator.

21. New Products/Services Language

The State, at its sole discretion may allow new products or services identified by the Contractor or ADHS to be incorporated. The request may be submitted at any time during the Contract period. The requested products or services shall align with the current Scope of Work and Price List.

22. Unique Entity Identifier (UEI) Requirement

Pursuant to 2 CFR 25.100 et seq., no entity (defined as a Governmental organization, which is a State, local government, or Indian tribe; foreign public entity; domestic or foreign nonprofit organization; domestic or foreign for-profit organization; or Federal agency, but only as a sub-recipient under an award or sub-award to a non-Federal entity) may receive a sub-award from ADHS unless the entity provides its Unique Entity Identifier Number to ADHS.

The number can be created in SAM.gov. If already registered the UEI has been assigned and can be viewed in SAM.gov.

23. Pandemic Contractual Performance

23.1. The State shall require a written plan that illustrates how the Contractor shall perform up to contractual standards in the event of a pandemic. The State may require a copy of the plan any time prior or post award of a Contract. At a minimum, the pandemic performance plan shall include:

23.1.1. Key succession and performance planning if there is a sudden significant decrease in Contractor’s workforce;

23.1.2. Alternative methods to ensure there are products in the supply chain; and

23.1.3. An up to date list of company contacts and organizational chart.

23.2. In the event of a pandemic, as declared the Governor of Arizona, U.S. Government or the World Health Organization, which makes performance of any term under this Contract impossible or impracticable, the State shall have the following rights:

23.2.1. After the official declaration of a pandemic, the State may temporarily void the Contract(s) in whole

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or specific sections, if the Contractor cannot perform to the standards agreed upon in the initial terms;

23.2.2. The State shall not incur any liability if a pandemic is declared and emergency procurements are authorized by the Director as per A.R.S. 41-2537 of the Arizona Procurement Code; and

23.2.3. Once the pandemic is officially declared over and/or the Contractor can demonstrate the ability to perform, the State, at is sole discretion, may reinstate the temporarily voided Contract(s).

23.3. The State, at any time, may request to see a copy of the written plan from the Contractor. The Contactor shall produce the written plan within seventy-two (72) hours of the request.

24. The Federal Funding Accountability and Transparency Act (FFATA or Transparency Act - P.L.109-282, as amended by section 6202(a) of P.L. 110-252), found at https://www.fsrs.gov/.

If applicable, the subrecipient or sub-awardee is required to abide by the Federal Funding Accountability and Transparency Act (FFATA or Transparency Act – P.L. 109-282, as amended by section 6202(a) of P.L. 110-252), found at https://www.fsrs.gov/. The associated Grant Reporting Certification Form and completion instructions will be sent to the subrecipient from ADHS Program(s) responsible for the specific contract. The subrecipient or sub-awardee must return the completed form to ADHS Program(s) by the 15th of the month following that in which the award was received. Failure to complete a required Grant Reporting Certification Form may result in loss of funding.

25. Federal Funding. Funding for these services is contingent upon the availability of federal government funding. No commitment of any kind is made by the State concerning this Grant unless there are monies provided by a federal grant. The Grantee should take this fact into consideration.

25.1. For the purposes of this Grant, a capital expenditure means expenditures to acquire capital assets, as defined in 2 C.F.R. 200.12, or expenditures to make additions, improvements, modifications, replacements, rearrangements, reinstallations, renovations, or alterations to capital assets that materially increase their value or useful life, with a cost of $250 or greater.

25.2. Grantee agrees to maintain property records for equipment purchased with grant funds and perform a physical inventory and reconciliation with property records at least every year. Grantee agrees that funds will not be used for the construction of new facilities.

25.3. Grantee agrees to follow equipment disposition policies as determined by the Federal Awarding Agency at

Award Completion or as depicted in the State of Arizona Accounting Manual. Grantee also agrees to follow the directives in ADHS Property and Procedure Policy FIN 111.

25.4. Charges to Federal awards for salaries and wages must be based on records that accurately reflect the work performed. These records must: Be supported by a system of internal control which provides reasonable assurance that the charges are accurate, allowable, and properly allocated; Be incorporated into the official records of the non-Federal entity; Reasonably reflect the total activity for which the employee is compensated by the non-Federal entity, not exceeding 100% of compensated activities (for IHE, this per the IHE's definition of IBS); Encompass both federally assisted and all other activities compensated by the non-Federal entity on an integrated basis, but may include the use of subsidiary records as defined in the non-Federal entity's written policy; Comply with the established accounting policies and practices of the non-Federal entity (See paragraph above for treatment of incidental work for IHEs.; and Support the distribution of the employee's salary or wages among specific activities or cost objectives if the employee works on more than one (1) Federal award; a Federal award and non-Federal award; an indirect cost activity and a direct cost activity;

two (2) or more indirect activities which are allocated using different allocation bases; or an unallowable activity and a direct or indirect cost activity. Budget estimates (i.e., estimates determined before the services https://www.fsrs.gov/ https://www.fsrs.gov/ https://www.fsrs.gov/

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are performed) alone do not qualify as support for charges to Federal awards, but may be used for interim accounting purposes only.

25.5. Grantee understands that financial reports are required as an accounting of expenditures for either reimbursement or ADHS-approved advance payments.

25.6. The final request for reimbursement of grant funds must be received by the ADHS no later than sixty (60) days after the last day of the award period.

25.7. All goods and services must be received or have reasonable expectations thereof and placed in service by Grantee by the expiration of this award.

25.8. Grantee agrees that all encumbered funds must be expended and that goods and services must be paid by

GRANTEE within sixty (60) days of the expiration of this award unless funding guidelines permit funds to be used at a future date.

25.9. Grantee agrees to remit all unexpended grant funds to the ADHS within thirty (30) days of written request from the ADHS.

25.10. Grantee agrees to account for interest earned on federal grant funds and shall manage interest income in accordance with the Cash Management Improvement Act of 1990 and as indicated in the State of Arizona Accounting Manual (SAAM) located at the following website. https://gao.az.gov/publications/saam Interest earned in excess of allowable limits must be remitted to the ADHS within thirty (30) days after receipt of a written request from the ADHS.

25.11. Grantee agrees not to use grant funds for food and/or beverage unless explicitly approved in writing by the

ADHS.

25.12. Grantee agrees to comply with all applicable laws, regulations, policies and guidance (including specific cost limits, prior approvals and reporting requirements, where applicable) governing the use of grant funds for expenses related to conferences, meetings, trainings, and other events, including the provision of food and/or beverages at such events, and costs of attendance at such events unless explicitly approved in writing by the

ADHS.

25.13. No funds shall be used to supplant federal, state, county or local funds that would otherwise be made available for such purposes. Supplanting means the deliberate reduction of state or local funds because of the existence of any grant funds.

25.14. Grantee agrees that grant funds are not to be expended for any indirect costs that may be incurred by Grantee for administering these funds unless explicitly approved in writing by the ADHS. This may include, but is not limited to, costs for services such as accounting, payroll, data processing, purchasing, personnel, and building use which may have been incurred by the Grantee.

25.15. Grantee will comply with the audit requirements of OMB Office of Management and Budget’s (OMB) Uniform

Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards and provide the ADHS with the Single Audit Report and any findings within ninety (90) days of receipt of such finding(s). If the report contains no findings, the Grantee must provide notification that the audit was completed. All completed Single Audits should be uploaded in the format specified to the Federal Audit Clearinghouse no later than nine (9) months after the entities fiscal year-end at the attached Link:

https://harvester.census.gov/facweb/default.aspx/.

25.16. Grantee understands and agrees that misuse of award funds may result in a range of penalties, including https://gao.az.gov/publications/saam https://harvester.census.gov/facweb/default.aspx/

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suspension of current and future funds, suspension or debarment from federal grants, recoupment of monies provided under an award, and civil and/or criminal penalties.

25.17. Grantee agrees not to do business with any individual, agency, company or corporation listed in the Excluded

Parties Listing Service. Link: System for Award Management https://www.sam.gov/portal/public/SAM/

25.18. Grantee agrees to ensure that, no later than the due date of the Grantee’s first financial report after the award is made, Grantee and any subgrantees have a valid UEI profile and active registration with the System for Award Management (SAM) database.

25.19. GRANTEE certifies that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement.

25.20. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) Grantee must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.

25.21. GRANTEE certifies to comply with the Drug-Free Workplace Act of 1988, and implemented in 28 CFR Part

83, Subpart F, for Grantees, as defined in 28 CFR, Part 83 Sections 83.620 and 83.650.

26. §200.216 PROHIBITION ON CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT

26.1. Recipients and sub-recipients are prohibited from obligating or expending loan or grant funds to:

26.1.1. Procure or obtain;

26.1.2. Extend or renew a contract to procure or obtain; or

26.1.3. Enter in a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential compoinent of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate or such entitities).

26.1.3.1. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

26.1.3.2. Telecommunications or video surveillance services provided by such entities or using such equipment

26.1.3.3. Telecommunications or video surveillance equipment of services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to https://www.sam.gov/portal/public/SAM/

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be an entity owned or controlled by, or otherwise connected to , the government of a covered foreign country.

27. Transition Activities

27.1. The Contractor shall support the transfer of goods and services to the new Contractor at the conclusion of its Contract;

27.2. Upon termination of this Contract, if ADHS anticipates a continued need for the Contract Services specified herein and a contract is awarded to a new Contractor, there shall be a transition of services period of not less than thirty (30) days. During this period, the existing Contractor shall work closely with the new Contractor, or Contractors, personnel and/or staff to ensure a smooth and complete transfer of duties and responsibilities;

27.3. An authorized representative from ADHS shall coordinate all transition activities. A transition plan will be developed in conjunction with the outgoing Contractor to assist the new Contractor, or Contractors, personnel and/or staff to implement the transfer of duties;

27.4. ADHS reserves the right to determine which projects nearing completion will remain with the current Contractor of record.

27.5. The Contractor shall return all ADHS equipment, reports, and any other documentation developed during the term of the Contract that ADHS deems necessary to maintain ongoing operations.

28. Contracting; Procurement; Investment; Prohibitions

28.1. A public entity may not enter into a contract with a company to acquire or dispose of services, supplies, information technology or construction unless the contract includes a written certification that the company is not currently engaged in, and agrees for the duration of the contract to not engage in, a boycott of Israel.

28.2. A public entity may not adopt a procurement, investment or other policy that has the effect of inducing or requiring a person or company to boycott Israel.

29. Fraud, Waste, and Abuse

29.1. ADHS requires all employees to abide by the State’s Personnel System Rules, R2-5A-501; Standards of

Conduct which includes maintaining high standards of honesty, integrity, and impartiality, free from personal considerations and/or favoritism, and Code of Conduct for individuals engaged in Accounting, Financial and Budgeting Activities which depicts the moral, ethical, legal and professional aspects of personal conduct.

ADHS requires the same conduct of its consultants, vendors, contractors, subrecipients, or persons doing business with the agency.

29.2. Any State employee, consultant, vendor, contractor or subrecipient or person doing business with the

Agency who receives a report of improper activity must report the information within one (1) business day.

Note: Federal Award policy denotes awardees must disclose, in a timely manner, in writing to ADHS all violations of Federal Criminal Law, involving fraud, bribery, or gratuity violations potentially affecting Federal Awards.

29.3. Anyone suspecting Fraud, Waste, or Abuse related to ADHS activities are required to report Fraud, Waste, or abuse through any of the following reporting channels:

29.3.1. ADHS Ethics Action Hotline at (602) 542-2347.

HEALTH SERVICES

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29.3.2. ADHS Ethics Action Email at reportethics@azdhs.gov.

29.3.3. General Accounting Office (GAO) Fraud Reporting Email at reportfraud@azdoa.gov to report Fraud,…