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

Notice Page

Arizona Department of Corrections, Rehabilitation & Reentry 701 E. Jefferson Street

Phoenix, AZ 85034

Solicitation Number: BPM007036

Description: Community Accountability Program Services for Community Corrections

Solicitation Due Date and Time: As indicated in APP

Pre-Offer Conference: Pre-Offer Conference will not be conducted

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/ mailto:app@azdoa.gov

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

Solicitation No. BPM007036 Community Accountability Program Services for

Community Corrections

Arizona Department of Corrections, Rehabilitation & Reentry

Table of Contents

Scope of Work 3

Special Terms and Conditions 6

Addendum A to the Special Terms and Conditions 40

Addendum B to the Special Terms and Conditions 41

Uniform Terms and Conditions 45

Exhibit A 62

Scope of Work Solicitation No. BPM007036

Community Accountability Program Services for Community Corrections

Arizona Department of Corrections, Rehabilitation & Reentry

1. Introduction

1.1. Mission: Our mission is to enhance public safety across Arizona through modern, effective correctional practices and meaningful engagements.

1.2. Purpose: The intent of this solicitation is to allow The Arizona Department of Corrections, Rehabilitation, and Reentry (“ADCRR” or “Department”) to enter into a contract(s) for the procurement of the following specified services, as specified in this scope of work.

1.3. Location: Offeror is requested to provide pricing to furnish and deliver the herein specified Services to the following ADCRR locations:

See Exhibit A List of Institutions

ADCRR, has business needs across every region and county. Contractors are not required to provide service in every region or county to be considered for award. For those contractors that are able to service multiple regions and counties the following requirements apply: The Contractor shall have certain capacities and support mechanisms in place for the successful performance of this contract on an agency basis.

2. Scope of Work - Contractor shall:

2.1. Provide a Community Accountability Program using cognitive intervention/restructuring to a variety of types of persons on supervision and shall be operational twenty-four (24) hours a day, three hundred and sixty-five (365) days a year.

2.1.1. Treatment and case management services shall be operational based on a Flexible Program Delivery. Delivery of treatment will allow the vendor to propose innovative service delivery methods prioritizing outcome metrics.

2.1.2. Electronic monitoring services shall be continuously operational with no breaks in service.

2.2. Provide services for treatment, case management and electronic monitoring.

2.3. Include Evidence-Based Cognitive Behavioral Therapy (CBT) Therapy and outpatient substance abuse groups.

2.4. Provide general CBT groups for offenders experiencing difficulty complying with their terms of supervision and/or at risk for return to custody.

2.4.1. Returning Citizens will be expected to attend as many sessions as needed based on treatment dosage, with a maximum of up to two group sessions per week.

Community Accountability Program Services for Community Corrections

Arizona Department of Corrections, Rehabilitation & Reentry

2.4.2. Offenders referred to the CBT shall receive a brief intake screening to obtain general background information and determine ability to participate.

2.4.3. Community Corrections Officer shall supply information pertinent to risk level, including Ohio Risk Assessment System (ORAS) score.

2.5. Provide Sexual Offense specific CBT groups for sex offenders on community supervision status or pending release.

2.5.1. Establish minimum dosage requirements for different cognitive therapy types with proper justification for the proposed treatment approach and duration based on research and outcome metrics.

2.5.2. Treatment dosage shall be decided by ADCRR and Contractor as a function of offender’s risk level.

2.5.3. Offenders referred to the Sexual Offense CBT shall receive a brief intake screening to obtain general background information and determine ability to participate.

2.5.4. Community Corrections Officer shall supply information pertinent to risk level, including ORAS score and Sexual Offense registration level.

2.6. Career Criminal specific CBT groups for offenders on community supervision status who have an extensive and habitual criminal history which translates to a heightened risk to the public.

2.6.1. Career Criminal Offenders will be expected to attend between 48 and 96 treatment sessions as a treatment dosage. Offenders in this track may only attend up to a maximum of two group sessions a week.

2.6.2. Treatment dosage shall be decided by ADCRR and Contractor as a function of offender’s risk level.

2.6.3. Offenders referred to the Career Criminal Therapy shall receive a brief intake screening to obtain general background, determine ability to participate and identify any potential conflicts between group members.

2.6.3.1. Individual sessions shall be limited, in most cases, to a maximum of 10 sessions.

2.6.3.2. The Department, after receiving a written request from Contractor, shall staff any requests for additional individual sessions and shall approve or disapprove based on treatment progress and likelihood that continued individual treatment will result in eventual movement into group treatment.

Community Accountability Program Services for Community Corrections

Arizona Department of Corrections, Rehabilitation & Reentry

2.6.3.3. Community Corrections Officer shall supply information pertinent to risk level, including ACCAT score and any known Security Threat Group (STG) affiliations.

2.6.3.4. ADCRR may refer offenders from Statewide regions (outside of Maricopa and Pima Counties) that meet specific Career Criminal eligibility criteria. Upon acceptance into Career Criminal CBT Group by the Contractor, Program Delivery may be conducted through the Contractor’s Telehealth Program and/or other approved remote access mechanism.

2.6.4. ADCRR shall select/refer offenders in need of Career Criminal CBT Group.

2.6.5. Upon screening/acceptance by Contractor, offenders shall be enrolled in virtual classroom Telehealth groups.

2.6.6. Class sizes shall be limited to 12 participants.

2.6.7. Referral process, screening, gang intel, background check shall mirror process and fees established for standard office Career Criminal CBT Group.

3. PROGRAM DELIVERY - OFFICES: The Community Accountability Program shall operate primarily in Maricopa County and Pima County, and may expand to other counties as funding becomes available.

3.1. Program Expansion: The Department anticipates possible future program expansion to additional counties. Offeror shall submit a listing of all non-Maricopa and non-Pima sites where they currently have the capacity to hold groups and/or other means of delivery methods. Offeror shall submit a plan to provide statewide services based on their current available sites and a plan for other future sites to support statewide services.

3.2. In the event that the program capacity and service sites are expanded, duplicating the original design, program fees will remain in accordance with the Contractor’s Fee Schedule when such expansions are implemented.

4. PROGRAM DELIVERY - TELEHEALTH: Services may be available to offenders statewide (outside of Maricopa and Pima Counties) through the Contractor’s Telehealth Program.

Telehealth Programming is available for offenders that meet specific eligibility criteria for Career Criminal CBT Program:

4.1. Telehealth Programming availability shall be determined by availability of funds and need of ADC.

Community Accountability Program Services for Community Corrections

Arizona Department of Corrections, Rehabilitation & Reentry

4.2. The Department may choose to add additional population/crime specific Groups in the future. This includes CBT curricula already developed and potentially new CBT curricula.

4.2.1. Offerors shall submit a plan of how they will work with the authors of the CBT to develop new curricula.

4.3. Outpatient substance abuse groups shall utilize Hazelden’s A New Direction Criminal and Addictive Thinking and Relapse Prevention workbooks which complement the Department’s Addiction Treatment Program.

4.3.1. Offenders in outpatient treatment will be expected to attend between 48 and 96 treatment sessions as a treatment dosage. Offenders in this track may only attend up to a maximum of three group sessions a week.

4.3.2. Offenders referred to the Substance Abuse Treatment shall receive a full assessment to obtain general bio-psycho-social information, obtain pertinent clinical information and history, and determine ability to participate.

4.3.3. Community Corrections Officer shall supply information pertinent to risk level and treatment received while at ADC.

4.3.4. Treatment dosage will be decided by the outcome of the intake assessment completed by the Contractor’s clinician. The clinician shall diagnose the offender’s substance abuse problem in accordance with the codes in the most current version of the Diagnostic and Statistical Manual of Mental Disorders.

4.3.4.1. Offenders who score at a mild level of severity shall be placed into the General CBT track of services

4.3.4.2. Offenders who score at a moderate level of severity will, in most cases, receive 48 outpatient substance abuse treatment sessions

4.3.4.3. Offenders who score at a severe level of current severity will, in most cases, receive 96 outpatient substance abuse treatment sessions.

4.3.5. Offeror shall submit the names of any and all assessments that will be utilized. Pre and Post testing shall be required to assess client’s progress.

5. REQUIREMENTS AND PROGRAM PROPOSAL:

5.1. The selected Contractor(s) shall provide cognitive behavioral therapy, substance abuse treatment and/or electronic monitoring services to community supervision offenders in lieu of revocation and who require community based interventions/sanctions. No money has been appropriated by the Legislature to fund the Community Accountability

Community Accountability Program Services for Community Corrections

Arizona Department of Corrections, Rehabilitation & Reentry

Program. The actual participation is a function of the availability of funds and number of eligible offenders who meet the criteria.

5.2. Offeror shall have applicants enrolled into the program within 72 business hours of receiving the referral.

5.3. Treatment services provided by Contractor shall be evidence-based cognitive behavioral therapy (CBT).

5.4. Offeror shall submit a comprehensive description of its Overall Program, including a detailed description of therapy/treatment models, curricula, group programming locations, remote program access options, monitoring options, program organization, staffing plans, management policies, participant expectations, program rules, demonstration of historical program outcomes, agency philosophy, missions and goals.

5.5. The contractor shall be responsible for providing all materials, paper, handouts, forms, and miscellaneous supplies needed for the performance of the Program.

5.6. The contractor and ADCRR will develop clear success and performance metrics with regular reportings of outcome based measures and program evaluation.

5.7. Contractor shall provide offenders with their own workbooks, which shall be theirs to keep. Materials used in educational programs shall be written at a level and in language comprehensible to participating offenders.

5.8. Contractor may use curricula and techniques included on the Substance Abuse and Mental Health Services Administration’s (SAMHSA) website “Evidence-Based Practices Resource Center”, including those identified by SAMHSA as “Emerging Practices”.

Contractor may also use evidence-based curricula and techniques recognized by The National Institute on Drug Abuse (NIDA). Further, Contractor shall use trauma-informed care best practices. ADCRR would prefer a Contractor that has successfully implemented trauma-informed care in a similar program and experience working with offenders (prison and/or community supervision settings); if Offeror has such experience, it should be described in Offeror’s proposal. All other curricula and/or techniques must be approved in writing by ADCRR prior to use. Results First Clearinghouse Database.

5.9. Offeror shall submit the title, author and a copy of the front covers of the curricula they plan to use. If an Offeror wishes to make a substantive change to its curricula after Contract award, prior written approval from ADCRR must be obtained.

5.10. Offeror shall describe its accommodation plans for offenders who may fall under the Americans with Disabilities Act.

5.11. Offeror’s response should include an implementation plan which provides details on developing and carrying out their proposed Program for each component- program tracks and monitoring services.

Community Accountability Program Services for Community Corrections

Arizona Department of Corrections, Rehabilitation & Reentry

5.12. Offeror’s implementation plan should include Offeror’s identification of any potential risks it may encounter should it receive a contract award (e.g., program startup schedule, staffing challenges, etc.), as well as any steps that Offeror could/would take to mitigate any such risks. ADCRR recognizes that service programs of this type may have a degree of risk, and both encourages and expects Offeror to be forthcoming about any such concerns and its contingency plans if any should become an actual issue.

5.13. Offeror shall submit an implementation plan and a staffing plan which describes the staff required for contract implementation and the minimum time required to initiate and deliver these services herein.

5.14. ADCRR prefers a Contractor who shall, whenever possible, enroll offenders in any governmental program(s) that will offset costs to ADCRR; the ADCRR contract liaison shall be notified whenever these types of arrangements are made.

5.14.1. If the offender is enrolled in benefit program(s) which pay a portion of their program costs, the Department shall be charged a prorated amount for the offender which reflects the cost reduction to ADCRR and shall be delineated when invoicing.

5.15. The Offeror shall provide a detailed proposed plan/schedule of the services that shall be provided. The schedule shall clearly indicate the following:

5.15.1. Number of each type of group to be held weekly.

5.15.2. Days and times the groups shall be offered.

5.15.3. Indication of whether or not the group will service only Department offenders.

5.15.4. The proposed schedule shall include:

5.15.4.1. A minimum of three outpatient substance abuse treatment groups a week held at PRC.

5.15.4.2. A minimum of five General CBT groups a week are held at MRC and PRC.

5.15.4.3. Groups offered at MRC and PRC must be ADCRR only offenders.

5.16. All groups shall be open enrollment and open ended.

5.17. Groups shall be a combination of day and evening groups with the majority being held in the evening.

5.18. Group sessions shall be two hours in duration.

Community Accountability Program Services for Community Corrections

Arizona Department of Corrections, Rehabilitation & Reentry

5.19. The hourly price for treatment services shall include any participant workbooks and supplies.the Contractor shall not bill separately for documentation of group progress.

5.20. Written program materials shall be provided in Spanish when appropriate.

5.21. The Contractor’s staff to offender ratios for substance abuse education, treatment and relapse prevention shall be in accordance with ratios recommended by the National Institute on Drug Abuse or no more than 15 offenders to one staff in a group setting.

5.22. On a limited basis, case management services may be provided to participants in the Community Accountability Program to assist them with:

5.22.1. Offender specific referrals for job placement services.

5.22.2. Offender specific referrals for job training/vocational services.

5.22.3. Offender specific referrals for educational services.

5.22.4. Offender specific referrals for mental health services.

5.22.5. Assistance to the offender with accessing applicable public benefits.

5.22.6. Basic life skills.

5.22.7. Assist offenders with obtaining safe and affordable housing.

5.22.8. Case Management shall be individualized and not a one size fits all approach. Case Management services may include, when appropriate, actually accompanying the offender to places such as the Motor Vehicle Department and assisting the offender with navigating through the system, connecting the offender to other community service providers, etc.

5.23. The Offeror shall describe how the case management services will be achieved, whether through a single case manager or through a variety of staff.

5.24. The Contractor shall bill for case management in ten minute increments.

5.25. The Contractor shall maintain offender files which at a minimum shall include:

5.25.1. A treatment consent form signed and dated by the offender and the Contractor.

5.25.2. Any assessments, treatment plans, progress notes, case management notes, discharge summaries or clinical notes pertaining to the offender.

5.25.3. An accountability program check list that shall indicate the date an offender completed each requirement of the program.

Community Accountability Program Services for Community Corrections

Arizona Department of Corrections, Rehabilitation & Reentry

5.25.4. Each offender must demonstrate applied skills to have met the program requirements.

5.25.5. These files shall be maintained and stored by the Contractor, but the files remain the property of the Department and shall be handed over upon Department request.

5.26. Experimental therapeutic methodologies, such as acupuncture or pharmacotherapy shall not be permitted.

5.27. The contract program staff shall consult and receive approval from the supervising Community Corrections Officer to integrate existing services with those available to offenders under the Department’s supervision with the Community Accountability Program. This is to ensure that there is no duplication in service.

5.28. The Department will identify staff members to coordinate referrals to the program with the contract program staff and address other issues as needed to maximize the use of the services and keep program slots filled, as appropriate.

5.29. The Department will advise the Contractor whether the referred client requires and is eligible for Monitoring Services (based upon risk/needs), which specific type of Monitoring Services are required, and other supervision requirements imposed by the Community Corrections Officer, as appropriate.

5.30. The Contractor shall provide Monitoring Services to include Electronic Monitoring (EM), Global Positioning System (GPS), Curfew and Alcohol Detection Monitoring and/or other available accountability monitoring systems as determined appropriate by the Department. The contractor shall be responsible for the management of the designated Monitoring System, to include providing, installing, maintaining, monitoring, reporting, and the removal of all devices/equipment, as well as materials, paper, handouts, forms, and any related miscellaneous supplies.

5.31. The Contractor shall provide expert testimony upon request by the Department regarding individual Monitoring System equipment functionality, capability and specific detail of each system used for individual clients.

5.32. Monitoring Systems shall be designed to allow the Department to consider separate monitoring options or a combination of options.

5.33. Monitoring Systems and Services shall meet or exceed the following specifications:

5.33.1. Options for both active and passive monitoring, and the ability to notify identified individuals, through various means (text, email, phone) when an identified EM event occurs.

Community Accountability Program Services for Community Corrections

Arizona Department of Corrections, Rehabilitation & Reentry

5.33.2. Determining the whereabouts of a person 24 hours a day, 7 days a week, 365 days per year.

5.33.3. Capacity expansion as required to handle an unlimited number of clients.

5.33.4. Option for alcohol use monitoring to include continuous alcohol monitoring (CAM) and remote breath options.

5.34. The Offeror shall provide the Department with the breakdown of cost for each type of available Monitoring System in accordance with the Fee Schedule (refer to section 1.21).

5.35. The Contractor’s Monitoring Systems shall have the ability to generate automatic cumulative statistical reports that indicate the existence of abnormal field conditions over a one (1) year period and shall at a minimum track the following items:

5.35.1. Curfew violations (not home, late enter, early leave)

5.35.2. Zone restrictions (designated inclusion/exclusion zones)

5.35.3. Tamper violations (transmitter, WMTD, etc.)

5.35.4. Failure to connect/call back

5.35.5. Power loss/gain

5.35.6. Functional twenty four (24) hours/seven (7) days a week, 365 day a year notice/reporting from Contractor to Community Correction Officer (CCO) for violations.

5.36. The Offeror shall provide a full and detailed description of each type of Monitoring System, to include manufacturer, hardware, software, reporting capabilities, functionality and specific device reliability statistics. Summarize each system’s capabilities to meet all technical requirements as stated herein. Include information how upgrades of hardware/software will be handled. Describe billing/payment requirements for offenders regarding lost/destroyed equipment.

5.37. Replacement costs for all types of Monitoring Systems shall be totally absorbed by the Contractor. The Contractor shall bill the offender for partial or complete replacement costs as appropriate.

5.38. The Contractor shall supply, at no cost to the Department, any upgrades of software and hardware to the Contractor’s Monitoring Systems.

5.39. The Department shall utilize the following performance measurements to gauge the success of the Community Accountability Program:

Community Accountability Program Services for Community Corrections

Arizona Department of Corrections, Rehabilitation & Reentry

5.39.1. A reduction in the number of participating offenders who test positive for drug/alcohol use while both in the program and upon completion of the Community Accountability Program while under supervision.

5.39.2. An increase in the number of participating offenders who comply with their conditions of supervision.

5.39.3. An increase in the number of participants who successfully complete their term of community supervision.

5.39.4. A reduction in the number and nature of technical violations by offenders who participate in the Community Accountability Program.

5.39.5. A reduction in the number of revocations of supervision of participating offenders and the reasons of those revocations.

5.39.6. A reduction of new crimes committed by participating offenders.

5.39.7. The Offeror shall provide an evaluation tool to measure program effectiveness in changing criminal thinking. The tool referenced refers to an instrument where pre/post testing is administered to an offender. This tool shall be submitted with the proposal.

5.40. A transition “plan” shall be in place and implemented upon the completion of the Contract or non-renewal of the contract to allow for continuity of care as appropriate.

5.40.1. Offeror to submit a copy of this plan.

5.41. ADCRR will provide the Contractor with templates and/or data requirements for all reports, logs, invoices, etc. Formatting for all forms and reports to be approved by ADC.

All submittal due dates shall be established by ADC.

6. QUALIFICATIONS - EDUCATION AND EXPERIENCE: All Contractor staff or subcontractor staff members who provide treatment services shall be appropriately licensed (e.g. LSAT, LASAC, LISAC, LASAC, LPC, LSW, LCSW, PSYCHOLOGIST or PSYCHIATRIST) and appropriately clinically supervised OR the Contractor’s program shall be licensed or certified by the State of Arizona, Department of Health Services, Behavioral Health Services Division, as required in Arizona Administrative Code, Title 9, Chapter 20.

6.1.1. Subcontractors shall meet the same licensing and/or certification requirements and standards required of the Contractor.

6.2. Subcontractors shall comply with all written instructions of the Department relative to the provision of contracted services.

Community Accountability Program Services for Community Corrections

Arizona Department of Corrections, Rehabilitation & Reentry

6.3. All staff delivering the Cognitive Behavioral Therapy must be appropriately trained and demonstrate proficiency in delivering the curriculum.

7. NOTIFICATION AND COMMUNICATION:

7.1. The Contractor shall report violations of major misconduct by offenders in real time, notifying the Department of behavior that impacts public safety, i.e., drug usage, assault, threatening staff or other clients, and EM/GPS violations on the same day of occurrence, if after hours, must be the next following business day. Notification to the Department includes the supervising Community Corrections Officer and their Supervisor.

7.2. All other violations for misconduct by offenders shall be reported within twenty-four (24) hours in a written report format, either faxed or emailed to the supervising Community Corrections Officer and their Supervisor.

8. REPORTS REQUIREMENTS:

8.1. The Contractor shall maintain a web based system that allows for daily tracking of an offender’s participation in the program to include attendance and progress. Designated ADCRR staff shall be granted access to this system to make program referrals, verify client attendance, and program progress. This must be functional within 30 days of contract award

8.2. The Contractor shall maintain a web based system that allows for daily tracking of an offender’s participation in the program to include attendance and progress. Designated ADCRR staff shall be granted access to this system.

8.3. By the 5th day of each month, Contractor shall submit data required by ADCRR for reports it provides to the State; ADCRR shall provide the format and parameters for this information.

8.4. By the tenth (10th) workday of each month (or, if feasible, by the 5th day of the month along with the data mentioned above, as well as Contractor’s monthly invoice), Contractor shall submit the following report to ADC.

8.5. The Monthly Report – including a breakdown for each program category and aggregate of total program completions.

8.6. By the tenth (10th) workday of each month, the Contractor shall submit to the Department the attached Monthly Report, Attachment 7.

8.7. Within three (3) workdays of an offender’s discharge from the program, the Contractor shall submit to the offender’s Community Corrections Officer and supervisor a copy of the offender’s accountability program check list.

Community Accountability Program Services for Community Corrections

Arizona Department of Corrections, Rehabilitation & Reentry

8.8. By the fifteenth (15th) workday after the end of each fiscal quarter, the Contractor shall submit to ADCRR a report containing a statistical analysis of the pre and post tests for offenders who were discharged during that quarter.

8.9. By the fifteenth (15th) workday after the end of the fiscal year, the Contractor shall submit to ADCRR a report containing a statistical analysis of the pre and post tests for offenders who were discharged during that fiscal year.

8.10. Annually, Contractor shall submit for all offenders who successfully completed the Program, broken down by separate program tracks and a report with the aggregate data from the monthly reports. This report shall be submitted by July 20th each year for the preceding fiscal year.

8.11. Program Event Reports - Contractor shall be required to submit/respond to Program events. The ADCRR Contract Program Manager will guide the Contractor through reporting processes.

8.12. Real Time Reports – Contractor shall report violations of major misconduct by offenders in real time, notifying the Department of behavior that impacts public safety, e.g., drug usage, assault, threatening of staff or other program participants, electronic monitoring violations or absconding.

8.13. Vendor Performance Reports – Contractor shall provide written response upon receipt of a Vendor Performance Report inquiry.

8.14. Special Request Reports – Contractor shall provide reports and/or data upon request by ADC. Periodically, ADCRR is required to provide additional information to the Governor’s office, Legislative Inquiry, etc. The ADCRR Contract Program Manager will guide the Contractor upon any special requests, timeframes due, etc.

Special Terms and Conditions

Community Accountability Program Services for Community Corrections

Arizona Department of Corrections, Rehabilitation & Reentry

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

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

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

1.3. “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.

1.4. 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.

1.5. 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:

1.5.1. AZRAMP Level 1 Prerequisite: 35 Controls

1.5.2. AZRAMP Level 2 Low Impact: Public Data Classification

1.5.3. AZRAMP Level 3 Moderate Impact: Confidential Data Classification

1.6.

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

Community Accountability Program Services for Community Corrections

Arizona Department of Corrections, Rehabilitation & Reentry

1.8. Attachment. Any item that:

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

1.8.2. Was attached to an Offer when submitted; and

1.8.3. Was included in the Accepted Offer.

1.9. 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.

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

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

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

1.13. 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 personal information maintained as part of a database of personal information regarding multiple individuals.

1.14. Eligible Agency: 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.

1.15. 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.

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

1.17. Order: The instrument by which the Eligible Agency 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”.

Community Accountability Program Services for Community Corrections

Arizona Department of Corrections, Rehabilitation & Reentry

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.

With respect to administration or rights, remedies, obligations and duties under the Contract for a given Order, “State” means each Eligible Agency 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 https://spo.az.gov/sites/default/files/documents/files/TB_020_APP_20181024.pdf

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Arizona Department of Corrections, Rehabilitation & Reentry 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.

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 another, Contractor shall carry out the Work as though the relevant Work, requirements, obligations, or duties had been fully described in all, consistent with the other documents forming the Contract and as is reasonably inferable from them as being necessary to produce complete results.

2.2.2. Conflicts. In case of any inconsistency, conflict, or ambiguity among the documents forming the Contract and their provisions, they are to prevail in the following order, descending from most dominate to most subordinate, provided that, among categories of documents or provisions having the same rank, the document or provision with the latest date prevails. Information being identified in one document, but not in another, is not to be considered a conflict or inconsistency.

2.2.2.1. Contract Amendments;

2.2.2.2. The final Solicitation Documents, in the following order:

(1) Special Terms and Conditions;

(2) Exhibits to the Special Terms and Conditions;

(3) Uniform Terms and Conditions;

(4) Scope of Work;

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Arizona Department of Corrections, Rehabilitation & Reentry

(5) Exhibits to the Scope of Work;

(6) Specifications; and

(7) Any other documents referenced or included in the Solicitation;

2.2.2.3. Orders, in reverse chronological order; and

2.2.2.4. Accepted Offer.

2.2.3. Attachments and Exhibits. For clarity of intent, if an item was an Attachment in the Solicitation Documents or an Offer (either Initial, Revised, Best and Final, or Accepted) and was subsequently made into an Exhibit, or its content was incorporated into one of the other Contract documents, then that Attachment no longer exists contractually as an “Attachment” since it has at that point been made into some other Contract document. In every other case, an Attachment and the Offeror Data therein remain part of the Accepted Offer for purposes of precedence and contractual effect.

3. Contract Administration and Operation

3.1. Term of Contract. The term of the Contract will commence on the date indicated on the Acceptance and continue for twelve (12) months unless canceled, terminated, or permissibly extended.

3.2. Contract Extensions. State may at its discretion extend the initial Contract term in increments of one (1) or more months and do so one or more times, provided that the maximum aggregate term of the Contract including extensions cannot exceed the maximum aggregate term of five (5) years.

3.3. Notices and Correspondence

3.3.1. To Contractor. State shall address all Contract correspondence other than formal notices to the email address indicated as “Default for Type” for “General Mailing Address” in Contractor’s corresponding State’s eProcurement System Vendor Profile; and address any required notices to Contractor to the “Contact Name and Title” at the “Mailing Address” indicated on the Accepted Offer, as that address might have been amended during the term of the Contract.

3.3.2. To State. Contractor shall address all Contract correspondence other than formal notices to the email address indicated in “Contact Instructions” in the State’s eProcurement System Summary for State; and address any required notices to State via email to the Procurement Officer identified as “Purchaser” in the State’s eProcurement System:

3.3.3. Changes. State may change the designated Procurement Officer, update contact information, or change the applicable mailing address.

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3.4. Signing of Contract Amendments. Contractor’s counter-signature (or “approval” in the

State’s eProcurement System, in the case of an amendment) is not required to give effect if the Contract Amendment only covers either:

3.4.1. extension of the term of the Contract within the maximum aggregate term; or

3.4.2. modifications of a clerical nature that have no effect on terms, conditions, price, scope, or other material aspect of the Contract.

In every case other than those listed in 3.4.1 and 3.4.2 above, both parties’ signatures (or “approval” in the State’s eProcurement System in the case of an Amendment) are required to give it effect.

3.5. Click-through Terms and Conditions. If either party uses a web-based ordering system, an electronic purchase order system, an electronic order acknowledgement, a form of an electronic acceptance, or any software based ordering system with respect to the Contract (each an “Electronic Ordering System”), the parties acknowledge and agree that an Electronic Ordering System is for ease of administration only, and Contractor is hereby given notice that the persons using Electronic Ordering Systems on behalf of State do not have any actual or apparent authority to create legally binding obligations that vary from the terms and conditions of the Contract. Accordingly, where an authorized State user is required to “click through” or otherwise accept or be made subject to any terms and conditions in using an Electronic Ordering System, any such terms and conditions are deemed void upon presentation. Additionally, where an authorized State user is required to accept or be made subject to any terms and conditions in accessing or employing any Materials or Services, those terms and conditions will also be void.

3.6. Books and Records

3.6.1. Retain Records. In addition to the audit rights detailed in the Uniform Terms and Conditions, State also requires that, pursuant to A.R.S. § 41-2548(B), Contractor shall retain and shall contractually require each Subcontractor to retain books and records relating to any cost and pricing Data submitted in satisfaction of § 41-2543 for the period specified in the statute.

3.6.2. Usage Information. Additionally, any and all information (including, but not limited to, documentation or Data) related to Eligible Agency usage retained solely within the Contractor’s system (for example, related to punch-out or Contractor catalog sales) shall be considered public information or information that can be shared with and distributed by the State freely and for any purpose under the State’s government purpose rights detailed in Section 3 of the Uniform Terms and Conditions [Ownership of Intellectual Property]. Any modifications to this Contract notwithstanding, the State shall have free use of any and all information related to Eligible Agency purchasing. Upon request by

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Arizona Department of Corrections, Rehabilitation & Reentry the State, Contractor shall promptly provide the State with any usage information requested and shall not attempt to limit the State's use in any way.

3.6.3. Right To Audit. The retained books and records are subject to audit by State during that period. Pursuant to A.R.S. § 41-2548(B), Contractor shall retain and shall contractually require each Subcontractor to retain books and records relating to performance under the Contract for the period specified in the statute and those retained books and records are subject to audit by State during that period.

3.6.4. Auditing. Contractor or Subcontractor shall either make all such books and records under subparagraphs 3.6.1 and 3.6.2 available to State at all reasonable times or produce the records at a designated State office on State’s demand, the choice of which being at State’s discretion. For the purpose of this paragraph, “reasonable times” are during normal business hours and in such a manner so as to not unreasonably interfere with normal business activities.

3.7. Subcontract

3.7.1. Initial list. At the time of Contract execution, Contractor’s candidate Subcontractors were identified in Attachment Proposed Subcontractors to the Accepted Offer [Proposed Subcontractors]. Agreeing to them being included in the Accepted Offer signified Procurement Officer’s advance consent for Contractor to enter into a Subcontract with each candidate, which Contractor shall do as promptly as necessary to ensure its ability to carry out the Work in a timely manner.

3.7.2. Additional names. Contractor shall not enter into a Subcontract to perform Work under the Contract, without first obtaining Procurement Officer’s written consent with any prospective Subcontractor that (a) was not listed on the Attachment Proposed Subcontractors at time of Contract execution or (b) is for any Materials or Services categories other than the ones for which they were previously consented. For either case (a) or (b), Contractor shall submit a written request sufficiently in advance of the need date for those materials or services so that performance under the Contract is not impaired. Procurement Officer may request any additional information he or she determines is necessary to assess the submittal, and may withhold consent pending it.

Approval of additional subcontractors shall be added to the Contract by a bilateral Contract Amendment.

3.7.3. Flow-down. Contractor shall incorporate the provisions, terms, and conditions of the Contract into every Subcontract by inclusion or by reference, as appropriate. When making any post-execution consent requests, Contractor

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Arizona Department of Corrections, Rehabilitation & Reentry shall include its warrant that it will do the same for the pending Subcontracts covered by the request. Entering into Subcontracts will not relieve Contractor of any of its obligations or duties under the Contract, including, among other things, the duty to supervise and coordinate the work of Subcontractors.

Nothing contained in any Subcontract will create or is to be construed as creating any contractual relationship between State and the Subcontractor.

3.8. Orders

3.8.1. Purchase Orders: Contractor shall not commence any billable work or provide any Material or Service under this Contract until Contractor receives a purchase order.

3.8.2. Order Sufficiency. The Contract was awarded in accordance with the Arizona Procurement Code; the transactions and procedures required by the Arizona Procurement Code for competitive source selection have been met. An Order issued that cites the correct State contract number will suffice to authorize the Contractor to provide the Materials and perform the Services covered by that Order.

3.8.3. Order Terms. All Orders are subject to the Contract Terms and Conditions; an Order cannot modify the Contract Terms and Conditions. Any Contractor terms added to quotes or otherwise unilaterally added to Eligible Agency Orders are null and void.

3.8.4. Orders are Obligatory. Until the expiration or earlier termination of the Contract, State may issue and Contractor shall accept Orders that make proper reference to the Contract and are permissible hereunder, provided that, Contractor is not obliged to accept any Order that is not consistent with the then-current…