CTR077797 Contract Documents.pdf

1 th July 25

Gina Corwin Digitally signed by Gina Corwin Date: 2025.07.16 08:56:11 -07'00'

Solicitation Requirements – Table of Contents

ARIZONA DEPARTMENT

OF HEALTH SERVICES

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

INVITATION FOR BID No.: BPM006767

Printer and Computer Repair and Maintenance

*The following table of contents applies to all attachment documents in APP for this Solicitation*

Solicitation Requirements Notice Page

Table of Contents

Scope of Work

Special Terms and Conditions

Uniform Terms and Conditions

Exhibits:

Exhibit One (1) ADHS Office Locations

Exhibit Two (2) List of IT Equipment Utilized by ADHS

Exhibit Three (3) ADHS Observed State Holidays

Solicitation Instructions Table of Contents

Special Instructions to Bidders

Uniform Instructions to Bidders

Attachments Located in APP A. Offer and Acceptance

B. Notices, Correspondence and Payments

C. Designation of Confidential, Trade Secret & Proprietary Information

D. Participation in Boycott of Israel

E. Forced Labor of Ethnic Uyghurs Ban

F. Proposed Sub-Contractors

G. Questionnaire – Service Locations

H. Percentage-off Discount

Solicitation Requirements – Scope of Work

ARIZONA DEPARTMENT OF

HEALTH SERVICES

150 North 18th Avenue, Suite 530

I. SCOPE OF WORK

1. Background

The Arizona Department of Health Services (ADHS) has ten (10) Divisions using Information Technology (IT) equipment, including but not limited to, computers, printers, monitors, tape drives, servers, and uninterruptible power systems to complete the work required on behalf of the citizens of the State of Arizona.

2. Objective

To establish a contract(s) with a capable contractor(s) to provide ADHS with on-site repair for all of the equipment listed in Exhibit Two (2) as requested and approved by either Information Technology Services (ITS) or the Program staff.

3. Service Locations

All ADHS offices are within the Phoenix, Flagstaff, and Tucson area. Refer to Exhibit One (1) for complete listing.

4. Scope of Work

4.1 The Contractor shall:

4.1.1 Provide repair service on a time and material basis for all IT equipment, including but not limited to, computers, laptop, monitors, printers, tape drives, servers, and associated peripheral equipment, which is not a copier, currently owned by ADHS including the Arizona State Hospital.

4.1.2 Provide qualified and trained service personnel to perform on-site repair service of all ITS hardware equipment and supply replacement parts as needed.

4.1.3 Provide service for ADHS in accordance with the provisions and requirements set forth herein.

Additional equipment may be added at any time and shall be covered under this Contract.

5. Requirements

The Contractor shall:

5.1 Have a minimum of three (3) years of experience providing the services listed in the Scope of Work.

5.2 Act as the single point of contact to which all requests for services are submitted.

5.3 Be responsible for contacting any subcontractor necessary to perform the services, if needed. All services shall be performed using fully qualified technicians with a minimum of three (3) years of experience in providing the service being requested. All equipment repaired shall function according to the manufacturer’s specifications.

5.4 Designate a primary contact for all requests for service and an alternate contact when the primary contact is unavailable.

5.5 Be available and accessible from 7:00 a.m. to 6:00 p.m., Arizona Time, Monday through Friday (exception to State holidays listed in Exhibit Three (3)).

HEALTH SERVICES

150 North 18th Avenue, Suite 530

5.6 Respond on site to ADHS Phoenix, Flagstaff and Tuscon area offices within twenty-four (24) hours after notification by an ADHS employee when service is required.

5.7 Provide emergency service calls on days and hours outside of the established hours of accessibility if needed.

5.8 Provide loaner equipment. If equipment cannot be repaired on site, comparable and compatible loaner equipment shall be provided, installed, and operational, on-site at no additional cost to ADHS. Loaner equipment shall be available within three (3) working days of the initial service call.

5.9 Ensure all equipment removed for repair is completely repaired and operational to manufacturer’s specifications, and returned within thirty (30) calendar days of the initial service call.

5.10 Ensure all replacement parts provided shall have a minimum of a one (1) year warranty.

5.11 Deliver all required documents including repair invoices, warranty information, reason for repair denial to

ADHS.

5.11.1 Documents are to be delivered both to the email address of the person requesting the repairs and

Calvin.Hamilton@azdhs.gov for the Arizona State Hospital or Rod.Thomas@azdhs.gov for all other requests.

5.12 Provide a percentage-off discount for all parts via a published catalog. Discount can be either a percentage off Contractor’s published catalog or by manufacturer and category. Published catalog shall be submitted with offer electronically or by providing a link to the published website.

5.13 Warranty all repairs for a period of at least ninety (90) calendar days.

5.14 Upon Contract award, provide Certificate of Liability Insurance as required under the Special Terms and Conditions within ten (10) days, and maintained throughout the life of the contract.

5.15 Have the knowledge, skills, and equipment necessary to service all types of equipment listed in Exhibit Two

(2).

5.16 Have all employees accessing equipment for repair sign and return a “Pledge to Protect Confidential Information” as outlined in Section 20.2 of the Special Terms of Conditions.

6. Tasks

Contractor shall:

6.1 Provide repair and maintenance services to all ADHS locations listed in Exhibit One (1).

6.2 Be available and accessible from 7:00 a.m. to 6:00 p.m., Arizona Time, Monday through Friday (exception to

State holidays listed in Exhibit Three (3)).

6.2.1 Provide emergency service outside of these hours, as needed.

6.3 Provide monthly usage reports containing service date, technician, repair information, cost, invoice number, charged PO, customer contact name, address of repair, and other important notes upon request.

150 North 18th Avenue, Suite 530

6.4 Provide Invoices including the following information:

6.4.1 Name of Requester.

6.4.2 Equipment Type.

6.4.3 Asset Tag Number (If Applicable).

6.4.4 Model.

6.4.5 Brand.

6.4.6 Customer.

6.4.7 Location.

6.4.8 Service Performed.

7. ADHS Responsibilities

7.1 ADHS will be responsible for transferring any necessary data to the loaner equipment except if ADHS asks the Contractor to transfer the data, in which case, the Contractor may charge for such assistance in accordance with the hourly rates contained within the Contract.

7.2 ADHS will provide a name and phone number upon request for service.

8. Approvals

The Program requesting the repair service will approve quotes submitted by the Contractor.

9. Deliverables

Contractor's invoice shall be submitted within thirty (30) calendar days of the intial service call and are to include asset tag numbers when applicable. The Contractor Manager, or Designee, shall approve the invoice. Approved invoices shall be paid by ADHS within thirty (30) days of receipt. Monthly Usage Reports shall be turned in within seven (7) days of the next month.

10. Notices, Correspondence, Reports:

10.1 Notices, Correspondences, and Reports from the Contractor to ADHS shall be submitted to:

Arizona Department of Health Services Attn: Chief Operating Officer 150 N. 18th Ave. Suite 240 Phoenix, Arizona 85007 Email: Rod.Thomas@azdhs.gov

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

150 North 18th Avenue, Suite 530

10.3 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 must 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/2023-05/GAO-618.pdf.

10.3.1 ACH Vendor Authorization Form shall be emailed to Vendor.Payautomation@azdoa.gov

Solicitation Requirements – Special Terms and Conditions

ARIZONA DEPARTMENT OF

HEALTH SERVICES

150 North 18th Avenue, Suite 530

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 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 Five (5) 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

7.1. 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.

7.2. 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.

7.3. 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.

ARIZONA DEPARTMENT OF

HEALTH SERVICES

150 North 18th Avenue, Suite 530

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.

ARIZONA DEPARTMENT OF

HEALTH SERVICES

150 North 18th Avenue, Suite 530

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 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

ARIZONA DEPARTMENT OF

HEALTH SERVICES

150 North 18th Avenue, Suite 530 applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the State of Arizona.

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 $1,000,000 Products – Completed Operations Aggregate $500,000 Personal and Advertising Injury $500,000 Damage to Rented Premises $25,000 Each Occurrence $500,000

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

ARIZONA DEPARTMENT OF

HEALTH SERVICES

150 North 18th Avenue, Suite 530

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, 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).

19.1.4. Professional Liability (Errors and Omissions Liability)

Each Claim $2,000,000 Annual Aggregate $2,000,000

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

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

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

ARIZONA DEPARTMENT OF

HEALTH SERVICES

150 North 18th Avenue, Suite 530 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

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.

ARIZONA DEPARTMENT OF

HEALTH SERVICES

150 North 18th Avenue, Suite 530

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 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.

ARIZONA DEPARTMENT OF

HEALTH SERVICES

150 North 18th Avenue, Suite 530

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

EQUIPMENT

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

25.1.1. Procure or obtain;

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

25.1.3. 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

ARIZONA DEPARTMENT OF

HEALTH SERVICES

150 North 18th Avenue, Suite 530 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).

25.1.3.1. 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).

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

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

26. Transition Activities

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

Contract;

26.2. 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;

26.3. 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;

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

26.5. 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.

27. Contracting; Procurement; Investment; Prohibitions

27.1. 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.

27.2. 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.

ARIZONA DEPARTMENT OF

HEALTH SERVICES

150 North 18th Avenue, Suite 530

28. Fraud, Waste, and Abuse

28.1. 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.

28.2. 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.

28.3. 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:

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

28.3.2. ADHS Ethics Action Email at reportethics@azdhs.gov ,or

28.3.3. General Accounting Office (GAO) Fraud Reporting Email at reportfraud@azdoa.gov to report Fraud, Waste, or Abuse incidents.

29. Warranties and Requirements Related to Arizona Information Technology Statewide Policies, Standards, and

Procedures

29.1. Security Standards

29.1.1. Security of the State’s systems and Data are of utmost importance to the State. In order to assure security from a personnel and operations perspective, Contractor shall comply with all requirements, in their entirety, as described in the statewide enterprise architecture; statewide Information Technology security policies, standards, and procedures; and any applicable agency-specific Information Technology security policies, standards, and procedures.

29.1.2. Contractor shall follow the correct, current version of these policies, standards, and procedures established by the Arizona Department of Homeland Security (AZDOHS) pursuant to their authority under A.R.S. Title 41, Chapter 41. The current website for these policies, standards, and procedures is: Information Technology Policies, Standards and Procedures. Note that this link is provided for convenience only.

29.1.3. For security reasons, some state facilities require non-state personnel to have escorts. If required by the state facility, Contractor personnel shall only be allowed inside of a State facility if accompanied by an escort designated by the State. This is applicable in Correctional facilities, Public Safety facilities, State Lottery, and other facilities as designated by the State.

29.2. Security Framework

29.2.1. The State of Arizona information security policies and standards follow the National Institute of

Standards and Technology (NIST) SP 800-53 Rev. 5 Security and Privacy Guidelines may currently be located at: https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-53r5.pdf.

ARIZONA DEPARTMENT OF

HEALTH SERVICES

150 North 18th Avenue, Suite 530

29.2.2. The State has established a process to assess risk associated with storing, processing and/or transmitting State of Arizona Data with external, non-State of Arizona entities. The Arizona Risk and Authorization Management Program (AZRAMP) was developed to ensure State and contractors meet these requirements. All contractors responding to State solicitations must successfully complete the AZRAMP risk assessment based upon the Data classification involved as determined by the Data owner and AZDOHS Cyber Command. Failure to successfully complete AZRAMP assessment will be deemed as breach of contract.

29.2.3. In the State’s sole discretion, the State may also accept current FedRAMP and StateRAMP certifications as evidence that the Contractor has met the State's risk assessment requirements.

29.2.4. Other forms of Cybersecurity Frameworks (CSF), Trust Documents, Self-Attestations, including, but not limited to, ISO/IEC, SOC 2 & 3, PCI, or HIPAA reports of compliance, may be reviewed as part of the State’s risk assessment, but are not exclusive or conclusive evidence that the Contractor has met the State’s risk assessment requirements.

29.3. Additional Security Requirements

29.3.1. Contractor shall comply with all security requirements requested by the State.

29.3.2. If an Arizona Risk and Authorization Management Program (AZRAMP) is required, it will generally follow these steps, each of which shall be completed by the Contractor upon request by the State:

29.3.2.1. If the Contractor will be using proprietary infrastructure to host the solution or service that will be handling State Data, Contractor shall complete the appropriate AZRAMP control sheet based on the classification of the State Data involved: AZRAMP Level 2 Low Impact Control Sheet (https://azdohs.gov/sites/default/files/azramp-level-2-low-impact-control-sheet_0.xlsx) for Public State Data; or AZRAMP Level 3 Moderate Impact Control Sheet (https://azdohs.gov/sites/default/files/azramp-level-3-moderate-impact-control-sheet_0.xlsx) for Confidential State Data.

29.3.2.1.1. If the Contractor will be using solely an environment provided by a Cloud

Service Provider (CSP), the Contractor shall notify AZDOHS GRC team, via grc@azdohs.gov, of the CSP they will be using to handle State Data under the Contract.

29.3.2.2. Contractor shall provide Information Security documentation for the AZRAMP assessment to include System Security Plan (SSP), Written Information Security Programs (WISP), or supporting written IT policies for review of the assessment.

29.3.2.3. Note regarding the confidential treatment of Contractor information:

29.3.2.3.1. The State of Arizona seeks a partnership with our supporting vendors, therefore, Non-Disclosure Agreements (NDA) for release to review submitted SSPs, WISPs, or written IT policies will not be considered.

29.3.2.3.2. Submitted SSPs, WISPs, or written IT policies are deleted and not retained after AZRAMP Authorization is granted.

29.3.2.3.3. Procedures for submission of documents considered confidential or

ARIZONA DEPARTMENT OF

HEALTH SERVICES

150 North 18th Avenue, Suite 530 proprietary are identified within this RFP.

29.3.2.3.4. Special secure transfer of documents related to this AZRAMP review process may be made by contacting: GRC@AZDOHS.gov to make special arrangements for the transfer of these documents.

29.3.2.4. If applicable to this Solicitation, Contractor shall complete and submit with the Offer an unedited and signed State of Arizona Health Insurance Portability and Accountability Act (HIPAA) Business Associate Addendum (BAA).

29.3.2.5. All contract awards are contingent on the successful completion of the AZRAMP Level 2 Low Impact (Public State Data) or the AZRAMP Level 3 Moderate Impact (Confidential State Data) assessment.

29.3.3. The State reserves the right to conduct risk assessments, vulnerability assessments, black-box penetration tests or hire a third party to conduct risk assessments, vulnerability assessments, and black-box penetration tests of the Contractor’s environment. Contractor will be alerted in advance and arrangements made for an agreeable time. Contractor shall respond to all flaws deemed serious by the State when discovered by providing an acceptable timeframe to resolve the issue and/or implement a compensating control(s).

29.3.4. Upon request, Contractor shall submit copies of system logs from Contractor’s environment to the State of AZ security team in the format requested to be added to the State SIEM (Security Information Event Monitor) or IDS (Intrusion Detection System).

29.3.5. Contractor shall comply with all applicable State and Federal laws and regulations, including, but not limited to, the following (please note that the links are provided for convenience only and may change):

29.3.5.1. State of Arizona statewide policies, standards and

procedures: https://azdohs.gov/information-technology-it-policies-standards-and-procedures;

29.3.5.2. Federal Information Security Modernization Act of 2014 (FISMA): https://csrc.nist.gov/topics/laws-and-regulations/laws/fisma;

29.3.5.3. OMB Circular A-130: https://www.federalregister.gov/documents/2016/07/28/2016-

17872/revision-of-omb-circular-no-a-130-managing-information-as-a-strategic-resource;

29.3.5.4. National Cyber Strategy of the United States of America: https://www.cisa.gov/executive-order-strengthening-cybersecurity-federal-networks-and-critical-infrastructure;

29.3.5.5. Health Insurance Portability and Accountability Act (HIPAA) including Business Associate Agreement/ Health Information Technology for Economic and Clinical Health Act (HITECH): https://www.hhs.gov/hipaa/index.html;

29.3.5.6. Tax Information Security Guidelines For Federal, State and Local Agencies: Safeguards for

Protecting Federal Tax Returns and Return Information (I.R.S. Publication 1075):

https://www.irs.gov/pub/irs-pdf/p1075.pdf;

29.3.5.7. Criminal Justice Information Services Security Policy (CJIS):

https://www.fbi.gov/services/cjis/cjis-security-policy-resource-center;

ARIZONA DEPARTMENT OF

HEALTH SERVICES

150 North 18th Avenue, Suite 530

29.3.5.8. Centers for Medicare & Medicaid Services (CMS), Minimum Acceptable Risk Standards for

Exchanges (MARS-E): https://www.cms.gov/CCIIO/Resources/Regulations-and- Guidance/Downloads/2-MARS-E-v2-0-Minimum-Acceptable-Risk-Standards-for- Exchanges-11102015.pdf;

29.3.5.9. A.R.S. §18-104 - Arizona Department of Administration, Arizona Strategic Enterprise

Technology (ADOA-ASET), Powers and duties of the agency: https://www.azleg.gov/arsDetail/?title=18;

29.3.5.10. A.R.S. §41-4282 - Statewide Information Security and Privacy Office

(SISPO): https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/41/0 4282.htm;

29.3.5.11. A.R.S. §18-551 - Definitions Information Security Including

PII: https://www.azleg.gov/ars/18/00551.htm;

29.3.5.12. A.R.S. §18-552 - Notification of security system breaches; requirements; enforcement; civil penalty; preemption; exceptions: https://www.azleg.gov/ars/18/00552.htm;

29.3.5.13. Arizona Executive Order 2008-10 – Mitigating Cyber Security

Threats: https://aset.az.gov/node/428;

29.3.5.14. SIPC Memorandum of Understanding (MOU): https://www.sipc.org/about-sipc/;

29.3.5.15. State Environmental policies: https://azdeq.gov/LawsAndRules;

29.3.5.16. Family Education Rights Privacy Act

(FERPA): https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html?src=rn;

29.3.5.17. Driver’s Privacy Protection Act (DPPA): https://azdot.gov/motor-vehicles/driver-services/driver-license-information/motor-vehicle-records;

29.3.5.18. Incident Response Reporting program and

system: https://azdohs.gov/sites/default/files/p8240-incident-response-planning_0.pdf;

29.3.5.19. State of Arizona Library, Archives and Public Records, Records Management Division, General Retention Schedules https://azlibrary.gov/branches/archives-records-management;

and

29.3.5.20. Payment Card Industry (PCI) Security Standards including but not limited to Supplemental

Documents, Information Supplements and Validation Requirements: https://www.pcisecuritystandards.org.

Solicitation Requirements – Uniform Terms and

ARIZONA DEPARTMENT OF

HEALTH SERVICES

150 North 18th Avenue, Suite 530

Rev. 10.5 Revised 03-24

III UNIFORM TERMS AND CONDITIONS

1. Definition of Terms

As used in this Solicitation and any resulting Contract, the terms listed below are defined as follows:

1.1. “AI” means the science and engineering of making machines capable of performing tasks that are typically associated with human intelligence, such as learning and problem-solving, and includes without limitation: AI systems, classic AI, external AI, generative AI, and large language model (LLM) AI.

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

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

1.4. "Contract Amendment" means a written document signed by the Procurement Officer that is issued for the purpose of making changes in the Contract.

1.5. “Contractor” means any person who has a Contract with the State.

1.6. “Data” means recorded information, regardless of form or the media on which it may be recorded. The term may include technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information

1.7. “Days” means calendar days unless otherwise specified.

1.8. “Exhibit” means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the

Solicitation generally containing maps, schematics, examples of reports, or other documents that will be used to perform the requirements of the Scope of Work after contract award.

1.9. “Gratuity” means a payment, loan, subscription, advance, deposit of money, services, or anything of more than nominal value, present or promised, unless consideration of substantially equal or greater value is received.

1.10. “Materials” means all property, including equipment, supplies, printing, insurance and leases of property but does not include land, a permanent interest in land or real property or leasing space.

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

1.12. “Services” means the furnishing of labor, time or effort by a Contractor or…