Geosyntec_Attachment_F_-_Conformance_Statements.pdf

Request for Proposal

Solicitation No. BPM005664

Advanced Water Purification Technical Support

Arizona Department of Environmental Quality - Procurement Office

1110 W. Washington St.

Phoenix, AZ 85007

Solicitation Attachment – Conformance Statements | Revision No. 1 | Revised 11-22

Attachment F – Conformance Statements

If taking exceptions, the relevant subsequent pages titled “Attachment Supplements” must be completed.

Attach additional pages as needed.

STATE WILL NOT CONSIDER ANY EXCEPTIONS UNLESS DESIGNATED ON THIS FORM.

READ ALL INSTRUCTIONS TO OFFERORS BEFORE TAKING ANY EXCEPTIONS. OFFERS WITH EXCEPTIONS MAY BE FOUND NOT SUSCEPTIBLE FOR AWARD UNDER A.A.C. R2-7-C311 OR RECEIVE LOWER SCORES DURING EVALUATION.

IF NEITHER BOX IS CHECKED UNDER ANY SECTION BELOW, THE OFFEROR’S RESPONSE TO THAT SECTION WILL BE CONSIDERED “YES” AND STATE WILL INTERPRET THE OFFER AS IF THERE WERE NO EXCEPTIONS TAKEN.

CONFORMANCE TO THE INSTRUCTIONS TO OFFERORS

Check one of the following:

X YES – Offeror acknowledges that it has read and understands the Special Instructions to Offerors and Uniform Instructions to Offerors of the Solicitation Documents and attests that its Offer complies with both.

☐ NO – Offeror acknowledges that it has read and understands the Instructions to Offerors in the Solicitation Documents, and attests that its Offer complies with both EXCEPT FOR the exceptions listed in Attachment Supplement – Conformance Statements - Exceptions to Instructions.

CONFORMANCE TO THE SCOPE OF WORK

X YES – Offeror acknowledges that it has read and understands the Scope of Work Document and the Pricing Document of the Solicitation Documents and attests that its Offer complies with both.

☐ NO – Offeror acknowledges that it has read and understands the Scope of Work Document and the Pricing Document of the Solicitation Documents and attests that its Offer complies with both EXCEPT FOR the exceptions listed in Attachment Supplement – Conformance Statements - Exceptions to Scope of Work.

CONFORMANCE TO THE CONTRACT TERMS AND CONDITIONS

☐ YES – Offeror acknowledges that it has read and understands the Special Terms and Conditions and the Uniform Terms and Conditions, along with their respective Exhibits and Appendices of the Solicitation Documents and attests that its Offer complies with all.

X NO – Offeror acknowledges that it has read and understands the Special Terms and Conditions and the Uniform Terms and Conditions, along with their respective Exhibits and Appendices of the Solicitation Documents and attests that its Offer complies with all EXCEPT FOR the exceptions listed in Attachment Supplement – Conformance Statements - Exceptions to Contract Terms and Conditions.

Geosyntec Consultants, Inc.

Quality - Procurement Office

Company name Signature of person authorized to sign

Attachment F Supplement 1 – Conformance Statements - Exceptions to Instructions

Article / paragraph or exhibit reference RFP language (Copy and paste from Solicitation) Alternate language and Rationale

Special Instructions to Offerors

X X

Alternate language: X

Rationale: X

X X Alternate language: X

Uniform Instructions to Offerors

Quality - Procurement Office

Attachment F Supplement 2 – Conformance Statements - Exceptions to Scope of Work or exhibit reference RFP language (Copy and paste from Solicitation) Alternate language and Rationale

Scope of Work

Quality - Procurement Office

Attachment F Supplement 3 – Conformance Statements - Exceptions to Contract Terms and Conditions or exhibit reference RFP language (Copy and paste from Solicitation) Alternate language and Rationale

Special Terms and Conditions

4.2 4.2. Contractor’s Best Pricing. Contractor warrants that, for the term of the Contract, the prices and discounts set out in the Attachment B titled Pricing Sheet, including any subsequent agreed amendment to it (the “Contract Pricing”), shall be equal to or better than the lowest prices and largest discounts, both separately and in combination, at which Contractor sells equivalent services, items of equipment, and materials.

4.2.1. That price-plus-discount equivalence (“Contractor’s Best Pricing”) is intended to be irrespective of whether or not those other sales have special purchase terms, conditions, rebates, or allowances.

4.2.2. If Contractor’s Best Pricing for equivalent services, items of equipment, and materials is better than the Contract Pricing, then Contractor agrees to adjust the Contract Pricing to match the Contractor’s Best Pricing for all sales related to the Contractor made after the date when the Contractor’s Best Pricing was first better than the Contract Pricing.

4.2.3. For clarification of intent, that date is intended to be the date when the difference first occurred, which might have been before the difference was first identified. If the difference occurred before it was identified, then Supplier agrees to charge less than the Contract Pricing until the extended difference that would have been realized (i.e. if the Contractor’s Best Pricing had been applied when it should have been) has been settled.

Alternate language: Delete all of 4.2

Rationale: Many factors go into pricing including locale. This is standard would be difficult for Geosyntec to keep track of and comply with. Our prices are meant to be competitive for every single client.

4.4.4. 4.4.4. State expects Contractors to use Lean Six Sigma principles to reduce costs in their supply chain, and not simply pass new costs on to the State. If a price increase is requested, State will ask for evidence that Lean Six Sigma principles and tools have been used by Contractor to attempt to reduce costs in advance of any request for a price increase under the Contract.

Alternate language: Delete all of 4.4.4.

Rationale: These terms are not industry standard.

4.5 4.5. Price Reductions. Price reductions shall be immediately passed along to State and may be submitted in writing to State for consideration at any time during the Contract period. The contractor shall offer State a price reduction on the Contract product(s) concurrent with a published price reduction made to other customers. The State at its own discretion may accept a price reduction. The price reduction request shall be in writing and include documentation showing the actual reduction of cost.

Sales promotions requests shall include differences in pricing, begin, and end date of promotion along with the products covered.

Alternate language: Delete all of 4.5

Rationale: Please see best pricing terms rationale.

Uniform Terms and Conditions

Quality - Procurement Office

7.2.2. 7.2.2. Fit for the intended purposes for which the Materials are used;

Alternate language: Delete all of 7.2.2.

Rationale: We can agree to perform work per client’s specifications and to the industry standard.

7.3.1.2. 7.3.1.2. Be free from defects of material and workmanship; Alternate language: Delete all of 7.3.1.2.

7.3.1.4. 7.3.1.4. Be fit for the intended purpose or use described in the Contract.

Alternate language: Delete all of 7.3.1.4.