CTR073432_Contract_Documents_-_signed.pdf

Auditory, Low Vision, Technological and Other Assistive Devices

CTR073432

COCHLEAR AMERICAS

This contract is for Auditory, Low Vision, Technological and Other Assistive Devices for all State of Arizona Agencies, Boards and Commissions including members of the State of Arizona Purchasing Cooperative.

The sections awarded include:

• Hearing Loss: Deaf/deaf/Hard of Hearing

Table of Contents

• Executed Offer and Acceptance

• Scope of Work

• Special Terms and Conditions

• Uniform Terms and Conditions

• Conformance Statements

The solicitation file for this contract can be found in APP under BPM005390

Request for Proposal

Solicitation No. BPM005390

Auditory, Low Vision, Technological and Other Assistive Devices

Arizona Department of Administration State Procurement Office

Solicitation Attachment – Offer and Acceptance | Revision No. 5 | Revised 05-23

Attachment 01 – Offer and Acceptance Form

SUBMISSION OF OFFER: The undersigned hereby offers and agrees to provide Auditory, Low Vision, Technological and Other Assistive Devices in compliance with all terms, conditions, specifications, and amendments in the Solicitation and any written exceptions in the Offer indicated by the latest dated version below:

Initial Offer:

2/1/2024

Date Signature

Revised Offers:

Date Signature Date Signature

Date Signature Date Signature

Best and Final Offer:

Date Signature

Cochlear Americas

Offeror company name Signature of person authorized to sign Offer

10350 Park Meadows Drive Rachal Wilzbacher

Address Printed name and Title

Lone Tree, CO 80124 Paula Dyhrkopp

City, State, ZIP Contact name and Title pdyhrkopp@cochlear.com 602-796-4047

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. Any extensions to the Offer Acceptance Period shall be made in accordance with the A.A.C. R2-7-C310;

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

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

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

DocuSign Envelope ID: E5DF460B-0726-4116-9705-01B92F33FCAA

Sr Dir, Sales Ops

DocuSign Envelope ID: B7F23CF9-CEBA-4DA4-A24A-F9A51A3E2954Docusign Envelope ID: F2B2BD2A-FC7C-49D2-803A-539C1ADA0B90

7/24/24

CTR073432

September 1, 2024

28th August 24 https://azadoagov.na1.echosign.com/verifier?tx=CBJCHBCAABAAXbu33MThFabKJ1RGUGz_44xmaVv83Vx6 under A.R.S. § 41-2534

Notice Page

Arizona Department of Administration State Procurement Office 1802 W. Jackson, #100

Phoenix, AZ 85007

Solicitation Requirements | Revision No. 7 | Revised 10-23 | Page 1 of 83

Solicitation Number: BPM005390

Description: Auditory, Low Vision, Technological and Other Assistive Devices

Solicitation Due Date and Time: As indicated in APP

Pre-Offer Conference: December 7th, 2023

Proposals will only be accepted online in the “State’s eProcurement System”, Arizona Procurement Portal (APP), at https://app.az.gov until the “Bid/Offer Due Date” indicated in the “State’s eProcurement System” for the Solicitation No. shown at the top of this page. Proposals must be in the State Procurement Office’s possession online no later than that deadline.

Submit technical inquiries about navigating and/or submitting proposals in the State’s eProcurement System to the State’s eProcurement System Help Desk by phone at (602) 542-7600, option 2; or by email to app@azdoa.gov.

LATE PROPOSALS WILL NOT BE CONSIDERED. No extension or grace period will be given for delays or incomplete proposals caused by internet connectivity problems, file uploading difficulties, or misunderstanding of the requirements or procedures for online submission in the “State’s eProcurement System”.

It is the responsibility of the Prospective Offeror to routinely check the APP website for Solicitation Amendments. Additional instructions for preparing an Offer are included in this solicitation.

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

https://app.az.gov/ https://app.az.gov/ mailto:app@azdoa.gov

Request for Proposal under A.R.S. § 41-2534

Solicitation No. BPM005390 Auditory, Low Vision, Technological and Other

Assistive Devices

Arizona Department of Administration State Procurement Office

Solicitation Requirements | Revision No. 7 | Revised 10-23 | Page 2 of 83

Click here to return to the Table of Contents

Notice Page

Solicitation Summary 3 Scope of Work 5 Special Terms and Conditions 21 Addendum A to the Special Terms and Conditions7 57 Addendum B to the Special Terms and Conditions2 62 Uniform Terms and Conditions 66

Auditory, Low Vision, Technological and Other

Assistive Devices

Arizona Department of Administration State Procurement Office

Solicitation Requirements | Revision No. 7 | Revised 10-23 | Page 3 of 83

Solicitation Summary

1. What is the State Soliciting?

The Arizona Department of Administration, State Procurement Office (the State), as authorized under A.R.S. § 41-2501 et seq. is seeking to establish one or more mandatory statewide Contracts on behalf of The Arizona Department of Administration, and for their sole use, to provide Auditory, Low Vision, Technological and Other Assistive Devices.

The State anticipates awarding contract(s) with the intent to secure service coverage statewide.

Whether or not it actually enters into any contracts, how many contracts it enters into, and how the work is awarded between those contracts are all at the State’s discretion. Furthermore, the State will use any awarded contracts on an as-needed basis, with no guarantee as to its actual spending under them.

The State reserves the right to accept any item or combination of items specified in the Solicitation, unless the Offeror expressly restricts an item or combination of items in its Offer, and conditions its response on receiving all items for which it provided a proposal. In the event of such restriction, the State will evaluate if an award on such a basis will result in the best value and is in the best interest for the State. The State may otherwise determine, at its sole discretion that such restriction is non-responsive and deem the Offeror ineligible for further evaluation.

2. What is in the Solicitation?

2.1. At the time of publication, the following documents are included in the Solicitation:

2.1.1. Attachment: BPM005390 Solicitation Requirements

2.1.1.1. Notice / Cover Page

2.1.1.2. Table of Contents

2.1.1.3. Solicitation Summary

2.1.1.4. Scope of Work

2.1.1.5. Special Terms and Conditions

2.1.1.6. Addendum A to the Special Terms and Conditions

2.1.1.7. Addendum B to the Special Terms and Conditions

2.1.1.8. Uniform Terms and Conditions

2.1.2. Attachment: BPM005390 Solicitation Instructions

2.1.2.1. Special Instructions to Offerors

2.1.2.2. Standard Instructions to Offerors (RFP)

2.1.3. Solicitation Attachments

2.1.3.1. Offer and Acceptance

Auditory, Low Vision, Technological and Other

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Arizona Department of Administration State Procurement Office

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2.1.3.2. Boycott of Israel Disclosure

2.1.3.3. Forced Labor of Ethnic Uyghurs Ban

2.1.3.4. Confidential Information Designation

○ Confidential Information Designation (for reference only)

2.1.3.5. Conformance Statements

○ Supplement – Conformance Statements - Exceptions to Instructions

○ Supplement – Conformance Statements - Exceptions to Scope of Work

○ Supplement – Conformance Statements - Exceptions to Contract Terms and Conditions

2.1.3.6. Key Personnel

2.1.3.7. Letter of Insurability

2.1.3.8. Organization Profile

2.1.3.9. Proposed Subcontractors

2.1.3.10. Experience and Capacity Response

2.1.3.11. References

2.1.3.12. Method of Approach

2.2. The State may issue a Solicitation Amendment at any time after Solicitation publication and before the Offer due date. It is the responsibility of the Prospective Offeror to routinely check the APP website for any Solicitation Amendments and revised documents.

Auditory, Low Vision, Technological and Other

Assistive Devices

Arizona Department of Administration State Procurement Office

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Scope of W ork

Scope of Work

1. Purpose and Background

1.1. Purpose: The State of Arizona is seeking one (1) or more qualified contractors to provide Assistive Technology (“AT” and “IT”) products, including testing and other supplies and equipment for use by State of Arizona programs serving clients with disabilities, State Employees requiring ADA accommodations or Eligible Agencies,. This type of equipment is specialized and adapted for each individual;

therefore, the State intends to make multiple contract awards to ensure the availability of a broad range of equipment to accommodate persons with disability related needs such as vision loss, hearing loss, speech and communication challenges, learning, cognition and executive function deficits, therapeutic seating and positioning, ergonomic supports, mobility and accessibility devices, and other disability-related needs.

1.2. Vision: Every child, adult, and family in the State of Arizona will be safe and economically secure.

2. Definitions

2.1. Client: any person receiving disability-related services from the State of Arizona.

2.2. Customer: Any of the approximately one hundred twenty (120) State programs, boards, commissions or Eligible Agencies.

2.3. Deaf/deaf: currently, persons who are deaf from birth or early in life and have no experience with language are deaf with a capital D. Persons who acquire severe hearing loss later in life who have experience with spoken language are deaf with a lower-case d.

2.4. Eligible Agency: any non-State agency which has a cooperating agreement with the State of Arizona.

3. Scope of Work

The Contract is on an “as needed, if needed” basis. There is no guarantee as to the number of products purchased. The intent is for new products to be sold under the contract, however, remanufactured or refurbished products may be specifically requested by the customer and identified as such.

3.1. Assistive Technology products under this contract include but are not limited to items which enable individuals with diagnosed disabilities to achieve individualized, agreed-

Auditory, Low Vision, Technological and Other

Assistive Devices

Arizona Department of Administration State Procurement Office

Solicitation Requirements | Revision No. 7 | Revised 10-23 | Page 6 of 83 upon outcomes or to maintain employment with the State of Arizona. The outcomes shall be determined by policies of the specific program or agency requesting purchase.

3.2. Products may be purchased to meet employment, independent living and/or academic pursuits. In some cases, the State program may be the primary purchaser or may collaborate with the client’s health plan to fund AT to meet client needs. This may include purchasing components in addition to medical necessity in order to support the client’s vocational or other program supported goal.

3.3. Product categories:

3.3.1. Individualized Compatible Systems: Information Technology (IT) and AT- IT (Assistive Technology-Information Technology) configured to be integrated with compatible elements as prescribed to meet disability needs;

3.3.2. Computer Access Technologies;

3.3.3. Speech Communication: Augmentative/Alternative (AAC), Fluency, Amplification;

3.3.4. Hearing Loss: Deaf/deaf/Hard of Hearing;

3.3.5. Vision Loss: Blindness

3.3.6. Vision Loss: Visual Impairment;

3.3.7. DeafBlind and Combined Vision and Hearing Loss;

3.3.8. Cognition: Learning, Literacy, Executive Function;

3.3.9. Physical Access: Seating, Mobility, Personal Care and Ergonomic Supports;

3.3.10. Adaptive Furniture including positioning supports for sidelying;

3.3.11. Testing Equipment, Supplies and Materials.

4. The Contractor(s) shall provide Auditory, Low Vision, Technological and Other Assistive Technology Devices under this Contract which includes:

4.1. A current published catalog(s) and/or published website(s) of products available for each of the relevant categories in the Scope of Work Sections 3 and 4 which are awarded. The catalog and/or website shall contain, at a minimum, the current published list prices, product make and model numbers and descriptions, manufacturers’ names, specifications, model numbers, part numbers, descriptions and photographs (if readily available), and the list price. The Contractor shall

Auditory, Low Vision, Technological and Other

Assistive Devices

Arizona Department of Administration State Procurement Office

Solicitation Requirements | Revision No. 7 | Revised 10-23 | Page 7 of 83 update the catalog and/or website as new equipment becomes available on the market, for those categories awarded under this contract. All catalogs shall be accessible to persons with disabilities.

4.2. Products which are new, in ongoing production and/or currently functioning in a user environment. All products shall be authorized for sale in the United States and have the original manufacturer’s serial number (when applicable), which shall not have been altered in any way.

4.3. Verification by the Contractor that peripherals and accessories are compatible when ordered as a part of a computer system.

4.4. Compliance with all Federal, State and local laws and regulations as they pertain to products under this contract, to include manufacturing, quality, warranty, product safety, and technical support. Products that do not meet Federal, State and local standards for quality, health, medical device effectiveness and safety shall be deemed unacceptable by the Customer and returned to the Contractor at no charge to the State.

4.5. Information, including manuals and tip sheets, related to the set up and use of delivered products, such as but not limited to, product features, routine use, troubleshooting, cleaning, infection control practices and maintenance, etc. as per the Task Order or Purchase Order from the designated agency or cooperative contact.

4.6. Full correction of any defects in design, workmanship or materials that would result in non-compliance with the product requirements or replacement at no cost to the State.

4.7. Technical support regarding product features and compatibilities during the product warranty period via telephone, in person, via remote access, web and/or email. The technical support shall be accessible to people with disabilities.

4.8. A method for completion of all warranty repair work and options for extended warranties, as appropriate for devices and/or equipment.

4.9. The cost of replacement or repair of products damaged during transportation and delivery.

4.10. Any agreements with respect to bundled software terms and conditions, such as, but not limited to, end user license agreements, shall be between the software companies and clients, State Clients or the State for employees.

5. Product Delivery/Return.

Auditory, Low Vision, Technological and Other

Assistive Devices

Arizona Department of Administration State Procurement Office

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5.1. Provide customer service and technical support for ordering and delivering products.

5.2. The Contractor shall deliver products either directly to the State client(s) or to the site specified on the purchase order within seven (7) business days after receipt of order unless otherwise agreed upon by the customer. Products must have original manufacturer’s package included.

5.3. Exchange, replace, or repair, within warranty periods and at no cost to the customer, any products not functioning in accordance with manufacturer published documentation within a time frame acceptable to the Customer. This includes products damaged during shipping and products received incomplete.

5.4. Pay freight on any product returned in accordance with the sections above.

5.5. Include the following documents with each order, as applicable: A packing slip that lists each product number, product name included in the delivery, the purchase order number, item(s) and quantity purchased, item(s) and quantity delivered. User Guides, Manufacturer's Warranty(s), Repair Manuals, Parts Catalog or List, and other documentation relevant to the usage of the product, accessible to persons with disabilities, or via a direct web link.

6. Technical Support.

6.1. Provide technical support regarding product features and compatibilities via telephone, remote access, web and by email as requested.

6.2. Provide or facilitate maintenance for products under warranty, either directly or through a subcontractor.

7. Exclusions. The following are specifically excluded from the contract.

7.1. Wireless plans for smartphones, laptops and tablet computers.

7.2. High-performance networking computer equipment as typically used in data centers, including but not limited to servers, storage devices, switches, and routers.

7.3. Video game consoles.

7.4. Any services beyond those which are typically included with the cost of the device, i.e. the product delivery, installation, and maintenance.

7.5. Direct client services in any manner.

Auditory, Low Vision, Technological and Other

Assistive Devices

Arizona Department of Administration State Procurement Office

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8. Products to be purchased through this contract.

8.1. Individualized Compatible System (AT and AT-IT) products under this contract include but are not limited to:

8.1.1. Commercially available personal computers with software pre-loaded by the manufacturer, when addressing the disability related needs as stated in 3.1.

8.1.2. Commercially available AT-IT personal computer systems and/or mobile devices per specifications from the Customer, with AT and IT software loaded and configured for compatibility by a third party to work seamlessly with peripherals and accessories, in order to meet the disability related needs stated in 3.1.

8.1.2.1. Desktop, laptop, tablet and hybrid computers.

8.1.2.2. Phones, tablets, mobile devices.

8.1.2.3. Computer peripherals and accessories that can be attached, added, or plugged into a computer and are bundled with personal computer systems: printers, monitors, storage devices, scanners, etc.

8.1.2.4. Packaged, off-the-shelf single-license operating system and application software intended to benefit persons with disabilities, including mobile applications and software upgrades, subject to the disability related needs as stated in 3.1.

8.2. AT/IT Assistive Technology for Computer Access

8.2.1. Alternative keyboards: high contrast, large key, small key, ABC, DVORAK or other layout, programmable membrane, Braille input, adaptive switch interfaces.

8.2.2. Alternative pointing devices: trackballs, touchpads, switch adapted pointing devices, electronic head pointing systems, eye gaze, wearables, adaptive switch interfaces, etc.

8.2.3. Microphones for voice recognition: headsets, boom-mounted, array microphones, etc.

8.2.4. Adaptive switches: wired or wireless touch switches, proximity switches, switch arrays, squeeze, switches, pinch switches, tilt switches, etc.

Auditory, Low Vision, Technological and Other

Assistive Devices

Arizona Department of Administration State Procurement Office

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8.2.5. Software-based alternative input: speech recognition, virtual keyboards, etc.

8.2.6. Alternative output: screening reading software, screen magnification software, text reading software, refreshable Braille, touch screen and other adaptive monitors, headsets to support dual audio output, etc.

8.2.7. Braille embossers with or without print option.

8.2.8. Portable video magnification systems compatible with desktop/laptop system.

8.2.9. Scanning devices with or without optical character recognition (OCR) software.

8.2.10. Compatible docking stations and related devices for connectivity.

8.2.11. Mounting systems, including but not limited to universal, Video Electronics Standard Association (VESA) compatible, floor, desk and wheelchair mounts.

8.3. AT for persons with Hearing Loss (Deaf/deaf/Hard of Hearing) and/or DeafBlindness (Combined Vision and Hearing Loss)

8.3.1. Clients served by the State under this contract may include adults who are employed or seeking employment under Vocational Rehabilitation, individuals with hearing loss who are served under the Arizona Commission for the Deaf and Hard of Hearing, children and adults with developmental disabilities who are served by the ADES Division of Developmental Disabilities, and or students attending ASDB on-campus or through the ASDB Cooperative. This includes individuals with hearing loss from infancy through adulthood.

8.3.2. Employees and clients served by the State include those with significant hearing impairments from infancy through adulthood. A critical component of the clients’ legally mandated special education and rehabilitation services is the equipment that allows them to participate in curriculum in the classroom and other educational environments, during training, and on the job. Numerous types of equipment need to be available to provide for the individual needs of these employees and clients, depending on their age, amount of hearing loss, classroom/educational/training/ vocational setting, and equipment compatibility with other hearing-impaired persons they may encounter, work or study with. Purchasing flexibility is needed to

Auditory, Low Vision, Technological and Other

Assistive Devices

Arizona Department of Administration State Procurement Office

Solicitation Requirements | Revision No. 7 | Revised 10-23 | Page 11 of 83 accommodate the addition of new technology, as it becomes available, and to meet the changing needs of the client population. In addition, there is a need to maintain existing equipment for several years after purchase.

8.3.3. Products to be purchased. The following examples of AT for hearing loss shall include, but not be limited to;

8.3.3.1. Custom ear molds and associated ear mold impression and maintenance implements.

8.3.3.2. Hearing aids and associated hearing aid maintenance tools (e.g., programming equipment, hearing aid parts and/or hearing aid accessories, cochlear implants and processors, Bone Anchored Hearing Aids [BAHA], bone conduction devices, and related accessories) from hearing aid technology manufacturers and resellers nationwide.

8.3.3.3. Repair of hearing aids and other Assistive Technology under warranty.

8.3.3.4. Batteries for: hearing aids, cochlear implants, and hearing assistive technology.

8.3.3.5. Real Time Text (RTT), VRS-Video Relay Services, Communication Access Realtime Translation (CART), and VRI-Video Remote Interpreting Technology and other equipment used for the deaf/hard of hearing communication.

8.3.3.6. Alerting and assistive living devices.

8.3.3.7. Assistive listening devices.

8.3.3.8. Hearing Assistive Technology (HAT) (e.g., wireless amplification device consisting of transmitter(s), receiver(s) – ear level or soundfield, batteries and battery charger, and accessories). HAT may include but is not limited to the following technologies: FM, Roger, Bluetooth, Inductive Loop systems, Infrared, and/or Hybrid devices).

8.3.3.9. Body-worn systems.

8.3.3.10. Ear level systems combined with hearing aids in a single case.

8.3.3.11. Ear level systems that attach to personal hearing aids.

Auditory, Low Vision, Technological and Other

Assistive Devices

Arizona Department of Administration State Procurement Office

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8.3.3.12. Soundfield speaker systems (e.g., tower, desktop, and/or portable style).

8.3.3.13. Accessories for maintenance of HAT (e.g., spare batteries, microphones, cords, belt clips, cases, etc.).

8.3.3.14. Repair and addition of extended warranties for personal amplification and HAT.

8.3.3.15. Specialized tools and supplies for cleaning, checking, maintaining, and minor repairs of personal amplification and HAT.

8.3.3.16. Audiologic Assessment Equipment (e.g., Audiometer, Tympanometer, OAE System, and Real Ear Verification System/Hearing Aid Test Box).

8.3.3.17. Specialized tools and supplies for evaluation of hearing (e.g., otoscope, specula, probe tips, inserts, etc.).

8.3.3.18. Calibration and repair of Audiologic Assessment Equipment.

8.4. AT for persons with vision loss (Blind/Vision Impairment)

8.4.1. Employees of and clients served by the State may have a significant visual impairment, and range in age from birth through adulthood. The following types of devices are prescribed on an individual basis to maximize each client's functional vision in their educational, training, and/or vocational setting.

8.4.1.1. Non-Optical Devices including, but not limited to, the following:

8.4.1.1.1. Large print calculator/talking calculators.

8.4.1.1.2. Talking electronic dictionaries & thesauruses.

8.4.1.1.3. Low vision playing cards/game cards.

8.4.1.1.4. Talking clocks/large number clocks.

8.4.1.1.5. Low vision timers.

8.4.1.1.6. Pocket viewers.

8.4.1.1.7. Big number low vision watches/talking watches.

8.4.1.1.8. Computer key enlargements (stick-on large numbers and letters).

Auditory, Low Vision, Technological and Other

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Arizona Department of Administration State Procurement Office

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8.4.1.1.9. Telephone dial overlays (enlargements).

8.4.1.1.10. Devices for sewing (e.g., magnifiers, sewing guides, self-threading needles, etc.).

8.4.1.1.11. Medical care (e.g., syringe magnifiers, dosage counters, eye drop dispenser, etc.).

8.4.1.1.12. Color coded measuring cups, plates, and dishes of high contrast.

8.4.1.1.13. Liquid level indicators.

8.4.1.1.14. Assistive living devices.

8.4.1.1.15. Special writing aids (e.g., bold point pens, bold line paper, large print checks and check registers, signature guides, envelope guides, letter writing guides, etc.).

8.4.1.1.16. Task lamps, reading lamps, clamp on lamps for computers, etc.

8.4.1.1.17. Reading stands.

8.4.1.1.18. Typoscopes.

8.4.1.1.19. Large print calendars, address books.

8.4.1.1.20. Speaking/talking books.

8.4.1.1.21. Tactile markers, mini guides.

8.4.1.1.22. Magnifying vanity/makeup mirrors.

8.4.1.1.23. Occluders/patches.

8.4.1.1.24. Absorptive sun lenses for glare control.

8.4.1.1.25. Canes.

8.4.1.1.26. Braille embossers, Braille writers, Braille electronic devices.

8.4.1.1.27. Refreshable Braille displays, notetakers.

8.4.1.1.28. Braille paper.

8.4.1.1.29. Electronic Video Magnification Systems including

desktop/table mounted, head mounted, hand held, or

Auditory, Low Vision, Technological and Other

Assistive Devices

Arizona Department of Administration State Procurement Office

Solicitation Requirements | Revision No. 7 | Revised 10-23 | Page 14 of 83 portable systems that may include distance and near features, OCR technologies and/or integration with computer or mobile device.

8.4.1.1.30. Computer Magnification and Screen reading software

8.4.2. Optical Devices including, but not limited to, the following:

8.4.2.1. Spectacles (e.g., distance and near, prisms, microscopes, fresnel prisms, etc.).

8.4.2.2. Optical Magnifiers (e.g., pocket magnifiers, dome, stand, illuminated, handheld, around the neck, gooseneck magnifiers mounted on a stand, clip-on magnifiers, etc.).

8.4.2.3. Telescopes (e.g., binoculars, monoculars, stand mounted, finger rings, telemicroscopes, etc.).

8.4.2.4. Bioptics.

8.4.3. Testing Materials and Equipment including, but not limited to, the following:

8.4.3.1. Eye charts (e.g. Feinbloom, HOTV, Snellen, Bailey-Lovie, Precision Vision, LEA Symbols, Teller Acuity, etc.) near and distance.

8.4.3.2. Contrast sensitivity tests.

8.4.3.3. Visual field testing (e.g., Amsler grids, Goldmann Bowl, Automated Perimetry, Tangent Screen, etc.).

8.4.3.4. Color vision testing.

8.4.3.5. Fixation.

8.4.3.6. Occluders and pinhole occluders.

8.4.3.7. Perceptual visual skills tests.

8.4.3.8. Trial kits (e.g., magnifiers,telescopes, binoculars, microscopic glasses, head- borne loupes, filters, etc.).

8.4.3.9. Storage cabinets for trial kits.

8.4.3.10. Eyeglass mending kits (screwdrivers, screws, frame warmer, etc.).

8.4.3.11. Eyeglass cleaning kit.

Auditory, Low Vision, Technological and Other

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Arizona Department of Administration State Procurement Office

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8.4.3.12. Lensometer.

8.4.3.13. Ophthalmic Equipment.

8.4.4. Training Materials including, but not limited to, the following:

8.4.4.1. LUV Reading Workbook.

8.4.4.2. Tracking workbook.

8.4.4.3. Eccentric viewing home training.

8.4.4.4. Books for coping with visual loss.

8.4.4.5. Educational materials & pamphlets about eye diseases, low vision, etc.

8.4.4.6. Books for professionals.

8.4.4.7. Simulators.

8.5. Physical Access: Seating, Mobility, Personal Care, Mounting Systems and Ergonomic Supports

These devices may be purchased when prescribed by a licensed therapist to meet employment, independent living and/or academic pursuits. In some cases, the State program may be the primary purchaser or may collaborate with the client’s health plan in funding to meet the client’s needs

8.5.1. Seating and Mobility products includes, but are not limited to the following:

8.5.1.1. Canes, Walkers, Crutches.

8.5.1.2. Mobility Accessories including standing frames and gait trainers.

8.5.1.3. Transfer supports.

8.5.1.4. Portable ramps.

8.5.1.5. Wheelchair cushions and positioning supports.

8.5.1.6. Wheelchair accessories including batteries, bags, holders and trays.

8.5.1.7. Scooters.

8.5.1.8. Wheelchairs.

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8.5.1.9. Wheelchair seating systems.

8.5.1.10. Complex Rehabilitation Technologies.

8.5.1.11. Mobility Accessories including power assist and power add on.

8.5.1.12. Standing Frames and Gait Trainers.

8.5.1.13. Transfer supports.

8.5.1.14. Portable ramps.

8.5.1.15. Wheelchair cushions and positioning supports.

8.5.1.16. Wheelchair accessories i.e. batteries, bags, holders and trays.

8.5.1.17. Prone, Supine and Side Lying positioning equipment.

8.5.1.18. Adaptive Sports Equipment.

8.5.1.19. Zero Gravity Positioning Systems.

8.5.2. Wheelchair Mounting Systems including, but not limited to:

8.5.2.1. Wheelchair mounting systems for phone tablet or computer.

8.5.2.2. Mounting systems for adaptive switches.

8.5.2.3. Dynamic, swing away mounting systems and trays.

8.5.2.4. Head rests for wheelchair and environmental controls.

8.5.2.5. Head Mounting systems with integrated and adaptive switches.

8.5.2.6. Mouthstick holders.

8.5.2.7. Floor mounting systems.

8.5.2.8. Desk/tabletop mounting systems.

8.5.2.9. Zero Gravity mounting systems.

8.5.3. Home care and Daily Living products, including but not limited to:

8.5.3.1. Stationary bath chairs, shower chairs and benches.

8.5.3.2. Wheeled bath and shower chairs.

8.5.3.3. Sliding bath and shower chairs.

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8.5.3.4. Custom fit bath/shower/toilet chairs.

8.5.3.5. Button/Zipper hooks and and dressing aids.

8.5.3.6. Reachers/grabbers.

8.5.3.7. Meal prep products and devices.

8.5.3.8. Utensils and dishes.

8.5.3.9. Electronic Aids to Independent Living/environmental controls.

8.5.3.10. Home Automation devices - speech actuation, button arrays, other.

8.5.3.11. Head pointers, Mouth Sticks and Stylus pens.

8.5.3.12. Book holders, book stands and Page Turners.

8.5.3.13. Universal splints, cuffs and positioning supports.

8.5.3.14. Environmental Control Systems and Electronic Aids to Daily Living.

8.6. AT for persons with speech limitations.

8.6.1. Augmentative and Alternative Communication including but not limited to:

8.6.1.1. Digitized speech communication devices - dedicated systems.

8.6.1.2. Synthesized speech communication devices - dedicated systems.

8.6.1.3. Tablets, phones or other electronic devices used for AAC.

8.6.1.4. Software, Apps, Extensions and Add-Ons.

8.6.1.5. Language systems including picture systems, multi-meaning icons, semantic compaction, lexicons, or other rate enhancement supports.

8.6.1.6. Keyguards for direct selection.

8.6.1.7. Alternative input devices including head mounted pointing devices, adaptive switches joystick controls.

8.6.1.8. Alternative output including Braille, dual visual displays, additional displays or other output devices.

8.6.1.9. External personal speakers and accessories.

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8.6.1.10. Non-electronic AAC supports and accessories.

8.6.1.11. Carrying cases.

8.6.1.12. AAC device Mounting Systems as listed in 8.5.2.

8.6.1.13. Training guides and curriculum.

8.6.1.14. IT supports including cables, interfaces and digital storage for backing up vocabulary, AAC overlays, natural speech, video clips and training materials.

8.6.2. Fluency Supports.

8.6.2.1. In-the-ear wearable devices that utilize choral effect to improve fluency/reduce stuttering.

8.6.2.2. Device Accessories.

8.6.3. Speech Amplification.

8.6.3.1. Portable speech amplification systems to support communication.

8.6.3.2. FM systems used for the purpose of speech amplification.

8.7. AT to support Cognition, Literacy, and/or Executive Function.

8.7.1. Non-Electronic reading, writing and math aids, including but not limited to:

8.7.1.1. Colored overlays and glasses.

8.7.1.2. Reading windows.

8.7.1.3. Highlighters.

8.7.1.4. Accessible Pens and Pencil grips.

8.7.1.5. Tactile or bold lined paper.

8.7.1.6. Math supports including manipulatives.

8.7.1.7. Slant Boards.

8.7.1.8. Print based graphic organizers and calendar systems.

8.7.1.9. Positioning devices including seat cushions, balance chairs.

8.7.2. Low and Light Tech AT Supports including but not limited to:

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8.7.2.1. Digital Recorders.

8.7.2.2. Digital Spelling aids.

8.7.2.3. Digital Thesaurus.

8.7.2.4. Calculators.

8.7.2.5. Audio players, recorders and media.

8.7.2.6. Electronic Page Turners.

8.7.2.7. FM Systems.

8.7.2.8. Noise canceling headsets.

8.7.2.9. Timers and Reminders.

8.7.2.10. Wearables (digital/technological) including smart watches and apps.

8.7.2.11. Task sequencing devices and supports.

8.7.2.12. Electronic pens and accessories for reading and recording notes.

8.7.2.13. Curriculum and Evaluation tools.

8.7.3. Electronic Reading, writing and executive function Apps and Extensions.

8.7.3.1. Text to speech software that includes features such as custom configurations for speech output, word, sentence and paragraph highlighting, custom colors, font alternatives for visual tracking, windowing, context spell check and thesaurus, bookmark and notetaking capabilities.

8.7.3.2. Talking Word Processors.

8.7.3.3. Speech to text apps and add-ons.

8.7.3.4. OCR technologies for cognitive support.

8.7.3.5. Context based spell check, word bank and thesaurus.

8.7.3.6. Word prediction software and apps.

8.7.3.7. Application-based Graphic Organizers.

8.7.3.8. Mind Mapping Software.

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8.7.3.9. Notetaking and Annotation Tools and Apps.

8.7.3.10. Computer based clocks, timers and sequencing software.

8.7.3.11. Apps for emotional support, anxiety, PTSD, focus and on-task behaviors.

8.7.3.12. Apps for Task Management and Checklists.

8.7.3.13. Apps for Time Management and Reminders.

8.7.3.14. Apps for Sequencing with photos, audio/video and scheduling.

8.8. Adaptive Furniture for persons with disabilities.

8.8.1. Office Furniture.

8.8.1.1. Power and crank adjustable desks.

8.8.1.2. Ergonomic chairs.

8.8.1.3. Under the desk keyboard trays.

8.8.1.4. Adjustable monitor arms including height adjustable and extensions.

8.8.1.5. File management systems including turntables.

8.8.1.6. Cable management systems.

8.8.2. Furniture for Independent Living.

8.8.2.1. Manual and power adjustable beds.

8.8.2.2. Adjustable height tables and stands.

8.8.2.3. Frame mounted vestibular equipment.

8.9. Software

8.9.1. Stand-alone software is allowable when supporting a purchase in which the manufacturer does not include the software as a pre-loaded option. The Software may be for previous purchases as well as any purchase under this contract.

8.9.2. Any software terms and conditions, such as an End User License Agreement, shall be between the Client and the Software Publisher.

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Special Terms and Conditions

The Special Terms and Conditions modify the Uniform Terms and Conditions. It can modify them by replacing, deleting, appending to, or revising the text of an existing provision or by inserting a new paragraph into an existing article. No other document modifies or adds to the Uniform Terms and Conditions, except as may subsequently be otherwise and expressly agreed and incorporated by Contract Amendment.

1. Definition of Terms: As used in the Contract, the terms listed below are defined as follows:

1.1. Acceptance: The document titled “Offer and Acceptance Form” bearing the state contract number once Procurement Officer has signed it to signify (1) State’s formal acceptance of the Accepted Offer and (2) the formation of the Contract. For clarity of intent, the foregoing is not to be confused with the term “acceptance” used throughout the Contract in the context of delivery, inspection, etc., with respect to Materials or Services.

1.2. Accepted Offer:

1.2.1. If State did not request a Revised Offer, then “Accepted Offer” means the Initial Offer.

1.2.2. If State requested a Revised Offer but not a Best and Final Offer, then “Accepted Offer” means the latest Revised Offer.

1.2.3. If State requested a Best and Final Offer, then “Accepted Offer” means the Best and Final Offer.

1.3. Arizona Procurement Code: The Arizona Procurement Code consists of Arizona Revised Statutes (A.R.S.) §§ 41-2501 et seq. and Arizona Administrative Code (A.A.C.) R2-7-101 et seq. There is additional information in the Solicitation Instructions regarding how to access these state statutes and rules.

1.4. Arizona Risk and Authorization Management Program (AZRAMP): is used by the Arizona Department of Homeland Security to evaluate Cloud services and Contractors that will transfer, process, or store state data outside of state-managed or controlled networks, and has three levels of control review:

1.4.1. AZ Mandatory Control Baseline: 35 Controls

1.4.2. NIST Low Impact Control Baseline: Public Data Classification

1.4.3. NIST Moderate Impact Control Baseline: Confidential Data Classification

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1.5. Arizona Transaction Privilege Tax (TPT): For information, refer to the Arizona Department of Revenue (DOR) website at: https://azdor.gov/transaction-privilege-tax-tpt

1.6. Attachment. Any item that:

1.6.1. The Solicitation required Offeror to submit as part of the Offer (e.g., Initial Offer, Revised Offer, or Best and Final Offer);

1.6.2. Was attached to an Offer when submitted; and

1.6.3. Was included in the Accepted Offer.

1.7. Cloud Services: Cloud or Cloud Services means any Software as a Service (SaaS), Infrastructure as a Service (IaaS), or Platform as a Service (Paas) involving the transfer, processing, or storage of state Data outside the control of state-managed and controlled networks.

1.8. Contract Terms and Conditions: The Special Terms and Conditions and the Uniform Terms and Conditions taken collectively.

1.9. Contractor: The Person identified on the Accepted Offer who has entered into the Contract with the State.

1.10. Contractor Indemnitor: Contractor or any of its owners, officers, directors, agents, employees, or Subcontractors.

1.11. Co-Op Buyer: A member of the State Purchasing Cooperative that has entered into a “Cooperative Purchasing Agreement” with the Arizona Department of Administration State Procurement Office under A.R.S. § 41-2632. Unless there is an applicable Cooperative Purchasing Agreement in effect at the time, a State Purchasing Cooperative member cannot be a Co-Op Buyer. For reference, “Co-Op Buyer” is to be construed as encompassing an “eligible procurement unit” under A.A.C. R2-7-101(23).

NOTE: Membership in the State Purchasing Cooperative is open to all Arizona political subdivisions, including cities, counties, school districts, and special districts. Membership is also available to non-profit organizations, other state governments, the federal government and tribal nations. For reference, “non-profit organizations” are defined in A.R.S. § 41-2631(4) as any nonprofit corporation as designated by the I.R.S. under Section 501(c)(3) through 501(c)(6) of the tax code.

1.12. Data Breach: Data Breach is used herein as defined as stated in A.R.S. Title 18, chapter 5, article 4 (Data Security Breaches), or in any relevant state or federal standard, to indicate an unauthorized acquisition of and unauthorized access that materially compromises the security or confidentiality of unencrypted and unredacted computerized https://azdor.gov/transaction-privilege-tax-tpt

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1.13. Eligible Agency:

1.13.1. If the Special Terms and Conditions indicate that the Contract is a “single-agency” contract, then “Eligible Agency” means the particular State of Arizona agency, university, commission, or board identified therein.

1.13.2. If the Special Terms and Conditions indicate that the Contract is a mandatory statewide contract, then “Eligible Agency” means any State of Arizona department, agency, university, commission, or board.

1.13.3. If the Special Terms and Conditions indicate that the Contract is a “cooperative” contract available for use by Co-Op Buyers, then “Eligible Agency” means any State of Arizona department, agency, university, commission, board, or any Co-Op Buyer.

1.14. Federal Risk and Authorization Management Program (FedRAMP): A federal government program that provides a standardized approach to security assessment, authorization, and continuous monitoring specifically for Cloud products and services relied upon by federal entities that store, process and transmit federal information.

1.15. Instructions to Offerors: The Solicitation Instructions document of the Solicitation.

1.16. NIST: NIST is the National Institute of Standards and Technology. For more information, see https://www.nist.gov/. [RESERVED]

1.17. Order: The instrument by which the Eligible Agency or Co-Op Buyer authorizes a Contractor to perform some or all of the Work. Whether the Contract will have one Order or many Orders depends on the scope of the Contract and how the State will use it. The Special Terms and Conditions provide that information. Any of the following are construed as an “Order”: “Purchase order,” “task order,” “service order,” or “job order”.

1.18. State’s eProcurement System: The State’s official electronic procurement system, established pursuant to A.A.C. R2-7-201 as set forth in the Arizona Department of Administration State Procurement Office policy document Technical Bulletin No. 020, The State’s eProcurement System–The Official State eProcurement System. Technical Bulletin No. 020 is available online at:

https://spo.az.gov/sites/default/files/documents/files/TB_020_APP_20181024.pdf

1.19. State: With respect to the Contract generally, “State” means the State of Arizona and its department, agency, university, commission, or board that has executed the Contract.

https://www.nist.gov/ https://spo.az.gov/sites/default/files/documents/files/TB_020_APP_20181024.pdf

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With respect to administration or rights, remedies, obligations and duties under the Contract for a given Order, “State” means each Eligible Agency or Co-Op Buyer who has issued the Order.

1.20. State Indemnitees: Collectively, the State of Arizona, its departments, agencies, universities, commissions, and boards and, and their respective officers, agents, and employees.

1.21. StateRAMP: A non-profit organization that provides a uniform approach to verifying that the cybersecurity of Cloud service providers (CSPs) meets the standards and regulations needed to do business with state and local governments.

1.22. Work: The totality of the Materials and the Services and all the acts of administration, creation, production, and performance necessary to fulfill and incidental to fulfilling all of Contractor's obligations and duties under the Contract in conformance with the Contract and applicable laws.

2. Contract Interpretations

2.1. Usage. Where the Contract:

2.1.1. assigns obligations to Contractor, any reference to “Contractor” is to be construed to be a reference to the Contractor and all Subcontractors, whether they are first-tier Subcontractors, sub-subcontractors, suppliers, sub-suppliers, consultants, or sub-consultants, as well as all of Contractor’s and the Subcontractor’s respective agents, representatives, and employees in every instance unless the context plainly requires that it is a reference only to Contractor as apart from Subcontractors.

2.1.2. uses the permissive “may” with respect to a party’s actions, determinations, etc., the terms is to be interpreted as in A.A.C. R2-7-101(32) [Definitions]. For clarity of intent, any right given to State using “State may” or a like construction denotes discretion and freedom to act so far as any regulatory or operative constraints permit in the relevant circumstances, provided that: (a) where written “may, at its discretion,” the discretion extends to whatever is most advantageous to State; and (b) where written only as “may,” the discretion is constrained by what is fair, reasonable, and as accommodating of the respective best interests of both parties as practicable under the circumstances;

2.1.3. uses the imperative “shall” with respect to a party’s actions, duties, etc., the term is to be interpreted as in A.A.C. R2-7-101(44) [Definitions]. Conversely, the phrase “shall not” is to be interpreted as an imperative prohibition.

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2.1.4. uses the term “must” with respect to a requirement, criterion, etc., the term is to be interpreted as conveying compulsion or strict necessity;

2.1.5. uses the term “might” with respect to an event, outcome, action, etc., the term is to be interpreted as conveying contingency or non-discretionary conditionality; and

2.1.6. uses the term “will” or the phrases “is to be” or “are to be” with respect to an event, outcome, action, etc., the term or phrase is to be interpreted as conveying such certainty or imperativeness that “shall” is either unnecessary or irrelevant in that instance.

2.2. Contract Order of Precedence

2.2.1. Complementary Documents. All of the documents forming the Contract are complementary. If certain work, requirements, obligations, or duties are set out only in one but not in…