CTR078668_RFP_On_Call_and_After_Hours_Call_Center_Services_-_Direct_Contract.pdf

Quote for Direct Contract Request

ARIZONA CORPORATION

COMMISSION

1300 W. Washington St.

Phoenix, AZ 85007

Description: On Call and After-Hours Call Center Services

Direct Contract No:

Instructions to Prospective Contractor

Prospective Contractors are being invited to review this request to address the Arizona Corporation Commission (AZCC) need for On Call and After-Hours Call Center Services. This outlines the Agency needs, required solution functionality and presentation requirements.

1. Evaluations and Final Proposal Revisions: The Agency will evaluate Presentations and narrative responses to the Request Questionnaire provided herein. Responses to the Request Questionnaire will further assist the Agency in determining if the proposed solution meets the Agency’s business needs.

1.1. Inquiries:

1.1.1. All Inquiries to this must be submitted through the AZCC Procurement Email address at procure@azcc.gov. All Inquiries must be marked as Prospective Call Center Services by Friday, September 5, 2025 at 5:00 PM AZ Time. Responses submitted after this time will not be considered.

1.2. Questionnaire Submission:

1.1.1. All Questionnaire Submissions to this must be submitted through the AZCC Procurement Email address at procure@azcc.gov. All Questionnaire Submissions must be marked as Prospective Call Center Services by Tuesday, September 9. 2025 at 5:00 PM AZ Time. Responses submitted after this time will not be considered.

1.3. Clarifications: Upon receipt and opening of responses submitted, the Agency may request oral or written clarifications, including presentations or questions and answers, for the sole purpose of information gathering or for eliminating minor informalities or correcting nonjudgmental mistakes in responses. Clarifications shall not otherwise afford Contractors the opportunity to alter or change their response.

1.4. Negotiations and Discussions: The Agency may exercise the option to conduct negotiations and discussions based on the evaluation of Contractor’s responses that are deemed to be in the best interest of the Agency. A request to participate in the discussions does not assure an award.

1.5. Final Proposal Revisions: Upon completion of negotiations, the Agency shall notify each

Contractor who participated in negotiations of the due date and time for submission of the Final Proposal Revisions. All topics identified in Negotiations should be addressed within the Final Proposal Revisions and all revisions shall be tracked utilizing redline via track changes.

1300 W. Washington St.

Phoenix, AZ 85007

1.6. Contract Agreement: The Department may consolidate the resulting contract agreement to include (i) reorganizing Request documents and those components of the Contractor’s Offer;

(ii) revising the Scope of Work to incorporate the Contractor’s response, (iii) revising any Terms and Conditions to incorporate any changes in the Contractor’s Offer; (iv) excluding any components of the Contractors Offer that were not awarded. Document consolidation shall not materially change the Contract.

2. Anticipated Schedule

Inquiry Due Date Friday September 5, 2025, 5:PM

Questionnaire Due Date Tuesday, September 9, 2025, 5:PM

Evaluations Thursday, September 11, 2025

Negotiations TBD if Necessary

Final Proposal Revisions TBD if Necessary

Award Date Wednesday, October 1, 2025

2.1. The above dates are estimates only and are subject to change without prior notice at the discretion of the Agency.

1300 W. Washington St.

Phoenix, AZ 85007

Table of Contents

Topic Page

Instructions to Prospective Contractor 1

Table of Contents 3

Quote Signature Page 4

Scope of Work 5

Quote Response Questionnaire 15

Exhibit A: Arizona State Holidays 16

Exhibit B: Arizona Railroad Safety Telephonic Incident Report 17

Exhibit C: Arizona Pipeline Safety Telephonic Incident Report 18

Exhibit D: Contractors Quote 19

Attachment 1 Forced Labor of Ethnic Uyghurs Ban 20

Attachment 1 Designation of Confidential, Trade Secret & Proprietary Information 21

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Phoenix, AZ 85007

Quote Signature Page

BY SIGNING THIS FORM ON BEHALF OF THE CONTRACTOR, THE SIGNATORY CERTIFIES HE/SHE HAS THE AUTHORITY TO BIND

THE CONTRACTOR TO THIS CONTRACT.

FOR AND ON BEHALF OF THE

CONTRACTOR:

FOR AND ON BEHALF OF THE

ARIZONA CORPORATION COMMISSION:

Signature of Authorized Individual Signature of Authorized Individual

Typed Name Typed Name

Title Title

Date Date

1300 W. Washington St.

Phoenix, AZ 85007

Address Address

1300 W. Washington St.

Phoenix, AZ 85007

Scope of Work

1. Introduction:

This is between AZCC and is governed by the State of Arizona, Contract Enter Contract Number CTR0 for Services. In the event of conflict between the sections of this Scope of Work (“SOW”) and the Terms and Conditions of this Request, the Terms and Conditions of the Participating Addendum and Master Agreement shall prevail.

1.1. Definitions:

Contractor: The person or entity providing solutions under the terms and conditions set forth in this Master Agreement and Participating Addendum. Contractor also includes its employees, subcontractors, agents and affiliates who are providing the services agreed to under the Master Agreement and Participating Addendum.

2. Purpose:

AZCC is requesting a response for Offsite Contractor Owned or Virtual Office/Teleworkers, All-inclusive Bilingual after hours Call Center Services.

2.1. Calls must be placed and received in a secure location with sufficient technical support to assure continuity of calls.

2.1.1. Agents shall be legally located within the United States of America and subject all laws.

2.2. After Hours consist of the following:

2.2.1. 24 Hour readiness to field rollover calls when Main Line is not manned.

2.2.2. Hours after close of business to opening of business,

2.2.3. All State Holidays as identified but not limited to in Exhibit A,

2.2.4. Any other times identified in writing to the Contractor on a case-by-case basis.

2.3. Objectives: The AZCC Main Telephone Line shall have uninterrupted manned live coverage to assure there are no missed calls. The AZCC Main Telephone Line serves as an emergency notification line for Railroad and Pipeline issues. All calls must be taken by a live person that will complete the proper Incident Reports and immediately notify the proper AZCC authorities who will act accordingly.

2.4. English and Spanish are required with accessibility to other translator services preferred.

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Phoenix, AZ 85007

3. Service Description

3.1. Telephone System Functionality Requirements:

3.1.1. All calls will rollover to Vendor from the AZCC Main Line and Vendor shall have a telephone system capable of handling calls in line with AZCC protocols.

3.1.2. System shall have the capacity to receive all incoming calls and not rollover to automated system

3.1.3. System shall have the ability to provide immediate access to appropriate fillable Incident Reports and auto generate a successive Incident Report Number.

• Incident Reports shall have the ability to be immediately sent by email to the AZCC Safety address at safety@azcc.gov,

3.1.4. System shall have the ability to track which of the following entities the call is pertaining to:

• Railroad

• Pipeline

• Main Line

3.1.4..1. Main Line calls are identified as calls that do not involve an incident report and are message only calls, 3.1.4..2. Other Main Line calls are those that cannot be specifically identified as pertaining to Railroad or Pipeline.

• Calls shall be categorized for billing purposes.

3.1.5. System shall have the ability to record the call and provide a date and time stamp of the call.

• The recorded calls shall be transferable via email to AZCC

3.2. Call Volume:

3.2.1. Call volume is unpredictable. Currently the call volume is not exceeding eight (8) hours per month.

3.2.2. Peak volume periods are unpredictable.

3.2.3. Call durations along with follow up can vary quite a bit due to the unpredictability of the nature and depth of each call.

3.2.4. Low call volume ratios are not required. Vendor shall have an agent or agents available who are trained on AZCC protocols.

4. The Contractor Shall:

4.1. Provide a non-dedicated live agent to be available to take all calls for AZCC when back up support is needed. These needs may occur before, after or during business hours.

4.1.1. Normal Business hours are 8:am – 5:pm, Monday – Friday, may need rollover coverage during normal business hours when short staffed or phones not attended to.

mailto:safety@azcc.gov

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Phoenix, AZ 85007

4.2. Provide all necessary AZCC specific training to all staff who may or will make or receive calls on behalf of AZCC.

4.3. Screen and field calls

4.3.1. Identify if the call is for Railroad, Pipeline or Main Line.

4.3.2. Expectation is that all calls are handled in an expeditious and thorough manner as to capture all pertinent information.

4.4. Provide availability to field calls twenty-four (24) hours a day and seven (7) days a week.

4.4.1. Be available for rollover calls during business hours when AZCC Main Line is not answered by AZCC staff.

4.4.2. After hours, weekends and holiday (Exhibit A) support or during the business day as necessary,

4.5. Record all internal and external incoming calls and provide the recordings to AZCC when requested,

4.6. Record all internal and external outgoing calls pertaining AZCC and provide the recordings to

AZCC when requested,

4.7. Take calls/messages and deliver to the Safety Division via e-mail at safety@azcc.gov,

4.8. Complete the appropriate AZCC Incident Report forms for Railroad (Exhibit B) and Pipeline (Exhibit C) (Information can be sent web-based to safety@azcc.gov),

4.8.1. Follow correct numbering system,

4.8.2. Complete each question on Incident Report forms

4.8.3. Update Incident Reports as needed,

4.8.4. Incident Reports, updates and messages shall be submitted to AZCC at safety@azcc.gov immediately after taking the call. If a call needs Supervisor notification it shall be placed immediately after the Incident Report is taken

NOTE: Incident Report quantity is determined by unpredictable call volume and an average cannot be quantified.

4.9. All detailed calls, routing logs, and emergency logs must be provided directly to Jennifer Ybarra (jxybarra@azcc.gov) and Nancy Lawrence (nlawrence@azcc.gov) on a real-time basis

4.10. Work with the Department business areas and clarify goals and further define requirements as needed.

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Phoenix, AZ 85007

4.11. Roles and Responsibilities

4.11.1. It is essential that the Contractor provides adequate experienced staff, certified/qualified personnel, capable of providing the services under this Contract.

4.12. The Contractor shall provide the deliverables in accordance with the following milestone schedule:

Milestone: Calls

Deliverable Acceptance Criteria

1. In and Outbound Calls

● All inbound calls answered within 3 rings.

● All needed Outbound calls placed within 3 minutes of completion of call.

● All calls conducted with courtesy and professionalism

Milestone: Incident Reports

Deliverable Acceptance Criteria

2. Railroad and Pipeline Incident Reports

● Proper Incident report used

● Thorough, accurate and detailed completion of reports

● All reports deliver immediately after completion of calls.

● Immediate escalation of calls to supervisor for emergency issues

Milestone: Call Logs and Recorded Calls

Deliverable Acceptance Criteria

3. Availability of Call logs and Recorded Calls

● Keep accurate and up-to-the-minute call logs always available for review.

● All calls are to be recorded and available immediately on demand.

1300 W. Washington St.

Phoenix, AZ 85007

5. Budget, Pricing and Billing:

5.1. Budget: This Contract shall not exceed $10,000 annually.

5.2. Pricing:

5.2.1. Provide a quote for a monthly retainer rate for services,

• Monthly Rate will be for retention and availability of services.

5.2.2. Provide a quote for a rate for per use of actual services,

• Use of Actual Services is defined as any time that a call is received or made on behalf of AZCC. The fees for per-use of actual services are billed at a per minute rate.

• The per-use of actual services rate would be unlimited based on unpredictable call volume.

5.3. Billing:

5.3.1. Contractor to provide invoices to AZCC Accounts Payable by no later than the 7th business day of the following month for services conducted,

5.3.2. Invoices shall contain the Purchase Order (PO) and Contract Numbers,

5.3.3. A call detail must accompany the invoice for the billing period for the same period to include identify the following:

• Incident Report Number (was it railroad or pipeline)

• Date and Time and Stage (was it an Initial Report or a Follow-Up) Minutes

5.3.4. Due to the requirement to allocate charges accurately between Railroad and Pipeline Safety, Contractor must provide sufficient details and breakdown between Railroad and Pipeline Safety to effectively allocate the charges.

• Vendor must be able to bill our office and split the calls by identifying them as

Railroad, Pipeline or Main Office number (Miscellaneous calls that are not really identified as Railroad or Pipeline.

6. Insurance:

6.1. Indemnification Clause

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

1300 W. Washington St.

Phoenix, AZ 85007 caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or subcontractors. This indemnity includes any claim or amount arising out of, or recovered under, the Workers’ Compensation Law or arising out of the failure of such Contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, defense, and judgment costs where this indemnification is applicable. In consideration of the award of this contract, the Contractor agrees to waive all rights of subrogation against the State of Arizona, its officers, officials, agents, and employees for losses arising from the work performed by the Contractor for the State of Arizona.

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.

6.2. Insurance Requirements

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

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

6.3. Minimum Scope and Limits of Insurance

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

6.3.1. 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

1300 W. Washington St.

Phoenix, AZ 85007

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

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

6.3.2. 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) $500,000

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

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

6.3.3. Workers’ Compensation and Employers’ Liability

• Workers' Compensation Statutory

• Employers' Liability o Each Accident $500,000 o Disease – Each Employee $500,000 o Disease – Policy Limit $500,000

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

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

1300 W. Washington St.

Phoenix, AZ 85007

6.3.4. Professional Liability (Errors and Omissions Liability)

• Each Claim $1,000,000

• Annual Aggregate $1,000,000

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

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

6.4. Additional Insurance Requirements

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

a. The Contractor's policies, as applicable, shall stipulate that the insurance afforded the

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

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

6.5. 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).

6.6. 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.

1300 W. Washington St.

Phoenix, AZ 85007

6.7. 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.

6.7.1. 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.

6.7.2. 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.

6.7.3. 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.

6.8. 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.

6.9. 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.

6.10. 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.

1300 W. Washington St.

Phoenix, AZ 85007

7. Change Order Request

A Change Order Request must comply with A.R.S. R2-7-604. In the event a change order is required, all change orders must be approved in writing by both authorized parties prior to any changes taking place.

8. Contract Amendment Any material changes to the project, including all changes for the addition of funds and extended dates for milestones, shall require a mutually executed Amendment.

9. Data Sharing Agreement

When determined by Agency that sharing of confidential data will occur with the Contractor, the Contractor shall complete Agency Data Sharing Request Agreement (located at:

https://aset.az.gov/policies-standards-and- procedures. T4440 - AZ Standard Data Sharing Agreement Template) and submit the completed Agreement to Agency Program Designated Staff prior to any work commencing or data shared. A separate Data Sharing Request Agreement shall be required between the Contractor and each Agency Program sharing confidential data.

10. Certifications Required by State Law.

10.1. Contractor further certifies that it shall comply with A.R.S. § 35-394, regarding use of the forced labor of ethnic Uyghurs, as applicable. Complete Attachment 1

10.2. Designation of Confidential, Trade Secret & Proprietary Information. Complete Attachment 2

11. AZCC Shall:

11.1. Provide a one-day training to contractor to outline the procedures and expectations of the contract.

11.2. Provide templates of the Railroad and Pipeline Incident Report forms.

https://azccgov1-my.sharepoint.com/personal/jredican_azcc_gov/Documents/WORKING%20FOLDER/After%20Hours%20Call%20Center%20Services/(located%20at:%20https:/aset.az.gov/policies-standards-and-%20procedures.%20T4440%20-%20AZ%20Standard%20Data%20Sharing%20Agreement%20Template) https://azccgov1-my.sharepoint.com/personal/jredican_azcc_gov/Documents/WORKING%20FOLDER/After%20Hours%20Call%20Center%20Services/(located%20at:%20https:/aset.az.gov/policies-standards-and-%20procedures.%20T4440%20-%20AZ%20Standard%20Data%20Sharing%20Agreement%20Template) https://azccgov1-my.sharepoint.com/personal/jredican_azcc_gov/Documents/WORKING%20FOLDER/After%20Hours%20Call%20Center%20Services/(located%20at:%20https:/aset.az.gov/policies-standards-and-%20procedures.%20T4440%20-%20AZ%20Standard%20Data%20Sharing%20Agreement%20Template)

1300 W. Washington St.

Phoenix, AZ 85007

Quote Response Questionnaire

AZCC request a Response (Proposal) with narrative responses to the questions below. Responses to the Request will further assist in determining if the proposed solution meets Agency business needs.

Proposal shall be in the form of a detailed written narrative demonstrating the Contractor’s ability to satisfy the request. The language of the narrative should be straightforward and limited to facts, solutions to problems, and plans of proposed action. The Contractor shall use technical language only when describing a technical process.

1. Submit a brief written narrative that contains a high-level overview of the Contractor’s proposed solution and approach to implement the solution.

2. Provide a detailed description of the tasks and timeline that will be performed to fully implement the proposed solution. The response should specify a schedule for the tasks and contain milestones for every deliverable. Any tasks assigned to Agency staff or that require Agency participation must be clearly called out in the schedule and work plan and provided on RACI, if applicable.

3. Provide a description of the methodology you intend to use for this project.

3.1. Provide description of experience, capacity and understanding of what is described in each of the following categories identified in the SOW:

3.1.1. Purpose

3.1.2. Service Description

3.1.3. The Contractor Shall

4. Describe your Backup and Recovery Plan, with failover, for the system through standard operational processes.

5. Pricing

5.1. Contractor’s cost proposal shall be in accordance with the Contract with consideration to the requirements stated in this Request.

5.1.1. Provide a cost proposal as described in Section 5.2 Pricing of the SOW

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Phoenix, AZ 85007

Exhibit A –Arizona State Observed Holidays

New Year's Day

Martin Luther King Jr./Civil Rights Day

Presidents' Day

Memorial Day

Independence Day

Labor Day

Columbus Day

Veterans' Day

Thanksgiving

Christmas Day

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Phoenix, AZ 85007

Exhibit B – Railroad Incident Report

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Exhibit C Pipeline Incident Report

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Exhibit D – Contractor’s Quote (Reserved) This section will include the awarded Contractor’s proposal that the Agency has agreed to prior to execution. AZCC will Insert it when sending out for final signatures

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Phoenix, AZ 85007

Attachment 1 - Forced Labor of Ethnic Uyghurs Ban Please note that if any of the following apply to the Contractor, then the Contractor shall select the “Exempt Contractor” option below:

● Contractor is a sole proprietorship;

● Contractor has fewer than ten (10) employees; OR

● Contractor is a non-profit organization.

Pursuant to A.R.S. § 35-394, written certification is required to show that the company entering into a contract with a public entity does not use the forced labor, or use any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor or any goods or services produced by the forced labor, of ethnic Uyghurs in the People's Republic of China.

Under A.R.S. § 35-394:

1. "Company" means an organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company or other entity or business association, including a wholly owned subsidiary, majority-owned subsidiary, parent company or affiliate, that engages in for-profit activity and that has ten or more full-time employees.

2. "Public entity" means this State, a political subdivision of this State or an agency, board, commission or department of this State or a political subdivision of this State.

In compliance with A.R.S. § 35-394, all Contractors must select one of the following:

☐ The Company does not use, and agrees not to use during the term of the contract, any of the following:

● Forced labor of ethnic Uyghurs in the People’s Republic of China;

● Any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China; or

● Any Contractors, Subcontractors, or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s Republic of China.

☐ The Company does participate in the use of Forced Uyghurs Labor as described in A.R.S. § 35-394.

☐ Exempt Contractor: Select all statements that apply to the Contractor:

☐ Contractor is a sole proprietorship;

☐ Contractor has fewer than ten (10) employees; and/or ☐ Contractor is a non-profit organization.

Company name Signature of person authorized to sign

Address Printed name and Title

City, State, ZIP Contact email address Contact phone number

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Phoenix, AZ 85007

Attachment 2 Designation of Confidential, Trade Secret & Proprietary Information

All materials submitted as part of a response to a solicitation are subject to Arizona public records law and will be disclosed if there is an appropriate public records request at the time of or after the award of the contract. Recognizing there may be materials included in a solicitation response that is proprietary or a trade secret, a process is set out in A.A.C. R2-7-103 (attached) that will allow qualifying materials to be designated as confidential and excluded from disclosure. For purposes of this process the definition of “trade secret” will be the same as that set out in A.A.C. R2-7-101(52).

This form must be completed and returned with the response to the solicitation and any supporting information to assist the State in making its determination as to whether any of the materials submitted as part of the solicitation response should be designated confidential because the material is proprietary or a trade secret and therefore not subject to disclosure.

All offerors must select one of the following:

My response does not contain proprietary or trade secret information. I understand that my entire response will become public record in accordance with A.A.C. R2-7-C317.

My response does contain trade secret information because it contains information that:

1. Is a formula, pattern, compilation, program, device, method, technique or process, AND

2. Derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use; AND

3. Is the subject of efforts by myself or my organization that are reasonable under the circumstances to maintain its secrecy.

Please note that failure to attach an explanation may result in a determination that the information does not meet the statutory trade secret definition. All information that does not meet the definition of trade secret as defined by A.A.C. R2-7-101(52) will become public in accordance with A.A.C. R2-7- C317. The State reserves the right to make its own determination of Proposer’s trade secret materials through a written determination in accordance with A.A.C. R2-7-103.

If the State agrees with the proposer’s designation of trade secret or confidentiality and the determination is challenged, the undersigned hereby agrees to cooperate and support the defense of the determination with all interested parties, including legal counsel or other necessary assistance.

1300 W. Washington St.

Phoenix, AZ 85007

By submitting this response, proposer agrees that the entire offer, including confidential, trade secret and proprietary information may be shared with an evaluation committee and technical advisors during the evaluation process. Proposer agrees to indemnify and hold the State, its agents and employees, harmless from any claims or causes of action relating to the State’s withholding of information based upon reliance on the above representations, including the payment of all costs and attorney fees incurred by the State in defending such an action.

Company Name Signature of Person Authorized to Sign

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R2-7-103. Confidential Information

A. If a person wants to assert that a person's offer, specification, or protest contains a trade secret or other proprietary information, a person shall include with the submission a statement supporting this assertion. A person shall clearly designate any trade secret and other proprietary information, using the term "confidential". Contract terms and conditions, pricing, and information generally available to the public are not considered confidential information under this Section.

B. Until a final determination is made under subsection (C), an agency chief procurement officer shall not disclose information designated as confidential under subsection (A) except to those individuals deemed by an agency chief procurement officer to have a legitimate state interest.

C. Upon receipt of a submission, an agency chief procurement officer shall make one of the following written determinations:

1. The designated information is confidential, and the agency chief procurement officer shall not disclose the information except to those individuals deemed by the agency chief procurement officer to have a legitimate state interest.

1300 W. Washington St.

Phoenix, AZ 85007

2. The designated information is not confidential; or

3. Additional information is required before a final confidentiality determination can be made.

D. If an agency chief procurement officer determines that information submitted is not confidential, a person who made the submission shall be notified in writing. The notice shall include a time period for requesting a review of the determination by the state procurement administrator.

E. An agency chief procurement officer may release information designated as confidential under subsection (A) if:

1. A request for review is not received by the state procurement administrator within the time period specified in the notice; or

2. The state procurement administrator, after review, makes a written determination that the designated information is not confidential.

Attachment 2 - Designation of Confidential, Trade Secret and Proprietary Information