Intterra_Direct_Contract_Final__5.15.2025_FE_-_GSA.pdf

Direct Contract State of Arizona Department of Forestry and

Fire Management Procurement Services

1110 West Washington, Suite 500

Phoenix, Arizona 85007

Contract No.: CTR076761

Description: Custom Situation Analyst License for Wildlands Suite Integration

Direct Contract | Revision No. 1 | Revised 03-24 | Page 1 of 43

CONTRACTOR IS STRONGLY ENCOURAGED TO READ THE ENTIRE CONTRACT.

Table of Contents

Scope of Work 2

Exhibit A - Pricing 7

Special Terms and Conditions 8

Addendum A - Contractor Insurance Requirements 11

Addendum B - Warranties and Requirements Related to Arizona Information Technology Statewide Policies, Standards, and Procedures 16

Uniform Terms and Conditions 10.5 20

Contract Signature Page 37

Attachment 1 - Participation in Boycott of Israel 38

Attachment 2 – Forced Labor of Ethnic Uyghurs Ban 40

Blank Page 41

Scope of Work State of Arizona

Fire Management Procurement Services

1110 West Washington, Suite 500

Phoenix, Arizona 85007

Contract No.: CTR076761

Direct Contract | Revision No. 1 | Revised 03-24 | Page 2 of 43

Scope of Work

1. Purpose and Background

1.1. Purpose:

1.1.1. DFFM has a requirement for a software system that integrates all of the various fire systems available, including: Computer Aided Dispatch (CAD), Integrated Reporting of Wildland-Fire Information (IRWIN), United Stated Forest Service (USFS) Enterprise Geospatial Portal (EGP), Flight Field Maps, Interagency Resource Order Capability (IROC), Automatic Vehicle Locators (AVL), and Geographic Information System (GIS) into one package. Intterra Group is the only system with access/licenses to all of these systems. Their system combines the collected data to provide a fully integrated and customizable software for wildfire mitigation and planning.

1.1.2. Intterra's system includes fully customizable software deployment, interface development and installation; as well as, ongoing support, maintenance, enhancements, which are all integral to DFFM wildfire mitigation efforts.

1.1.3. Interra's features will allow DFFM to determine distance of resource to wildfires, pre-plan and establish criteria for FMAG documents, assess the exact number of structures that are threatened and exact population of the affected area, and access infrared videos and images. Additionally, DFFM needs the capability to integrate ADOT GPS data into a mapping system to help determine closest response to emerging wildfires or reports of smoke, which Interra's system is able to do through their customizable software.

1.1.4. By utilizing GSA contract #GS-35F-307BA, Intterra shall provide a Custom

Situation Analyst Annual License software for a Wildlands Suite Integration with the Arizona Department of Forestry and Fire Management (DFFM).

1.2. Legal Authority: In accordance with Arizona Revised Statutes (A.R.S.) § 41-2558, and

Arizona Administrative Code (A.A.C.) R2-7-G304, General Services Administration Contracts, DFFM establishes a General Services Administration contract based on Agency authority A.R.S. § 41-2512, Delegation of Authority or Functions by the Director with Intterra Group to provide the Materials or Services described herein.

2. Definitions

Fire Management Procurement Services

1110 West Washington, Suite 500

Phoenix, Arizona 85007

Contract No.: CTR076761

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2.1. FMAG - Fire Management Assistance Grant

2.2. GSA - General Services Administration

2.3. GPS - Global Positioning System

2.4. GIS - Geographic Information System

2.5. AVL - Automated Vehicle Locator

2.6. ADOT – Arizona Department of Transportation

3. Contractor Requirements

The Contractor Shall Provide the Following All-inclusive Software Package, with Functions to Include the Following:

3.1. Wildfire Preplans - the ability to create map-based preplans for any area of a jurisdiction, then capture, record, and print those to share with others.

3.2. Primary value is to have a preplanned response plan that can be used for response operations, community education, and mitigation actions.

3.3. Wildfire Operations – Integrated software shall allow DFFM to gain a comprehensive understanding of an evolving wildlands fire situation.

3.4. Monitor weather patterns, track fire progression, assess population density, and analyze vegetation types in one cohesive view. This integrated approach shall simplify data interpretation and streamline the ability to make timely, well informed decisions for preplanning, planning for a wildfire event or responding to one in real-time.

3.5. Wildfire Markpoint - Markpoint is a Map Markup and Incident Planning Tool that enables users to collaboratively markup maps of large incidents, offering benefits that support planning, strategy and response.

3.6. Wildfire Airpoint - Airpoint is an airborne tool that provides users with direct access to high-resolution aerial imagery of wildfires, delivering a range of benefits that significantly enhance wildfire suppression efforts.

3.7. Intterra Software shall Integrate with the following Software Solutions:

3.7.1. Computer Aided Dispatch

3.7.2. Integrated Reporting of Wildland-Fire Information

Fire Management Procurement Services

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Phoenix, Arizona 85007

Contract No.: CTR076761

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3.7.3. Automatic Vehicle Locators

3.8. Contractor shall have licenses to access all of the required systems through data sharing agreements.

4. Deliverables

4.1. Intterra shall commence this project in alignment with DFFM resource availability. Project work will commence on contract execution.

4.2. Within 14 days of contract execution, meet with DFFM leadership and the GIS group to understand their services and layers to integrate with the map.

4.2.1. Identify with DFFM guidance, user roles, responsibilities and workspace configurations.

4.2.2. Identify with DFFM guidance, required external services, e.g., Cameras, AVL and other resource location services.

4.2.3. Project Timeline

4.2.4. Set Go-LIVE date

4.2.5. Schedule Training

4.3. Within 30 days of Contract Execution Intterra Shall:

4.3.1. Perform an Environment setup

4.3.2. Create Initial Configuration

4.3.3. Review out of the box layers

4.3.3.1. Provide feedback on layers

4.3.3.2. Make adjustments to layers

4.3.4. Configure Roles

4.3.5. Configure Workspaces

4.3.6. Provide the opportunity for DFFM Review

Fire Management Procurement Services

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Phoenix, Arizona 85007

Contract No.: CTR076761

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4.3.7. Develop Training to Include:

4.3.7.1. Define the Training Team

4.3.7.2. Provide training materials

4.3.7.3. Train the Trainer

4.3.7.3.1. Define the topics covered in the training.

4.3.7.4. Deliver Training

4.3.7.5. Sign-off on Training

4.3.8. Communications out to staff

4.3.9. DFFM Sign-off Project Completion

5. Performance Measures

5.1. Change Control

5.1.1. If DFFM determines that a Deliverables does not meet the specifications or performance standards, DFFM shall notify Contractor in writing of notice of non-acceptance of the Deliverable, and describe in reasonable detail in such notice DFFM’s basis for rejection of the Deliverable.

5.1.1.1. Upon receipt of notice of non-acceptance, Contractor shall, within a 15 day period; Modify or improve the Deliverable at Contractor’s sole expense to ensure that the Deliverable meets such specifications or performance standards;

5.1.1.2. Intterra shall notify DFFM in writing that the modifications or improvements in response to the non-acceptance of Deliverables have been completed and re-tendered to DFFM.

5.1.1.3. DFFM shall thereafter review the modified or improved Deliverable within 15 calendar days of receipt of Contractor’s delivery of the Deliverable.

Fire Management Procurement Services

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Phoenix, Arizona 85007

Contract No.: CTR076761

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5.1.1.4. Failure of the Deliverable to meet the specifications and performance standards after the second set of acceptance tests shall constitute a default by Contractor. Upon such default, DFFM may either (i) notify Contractor of such default and instruct Contractor to modify or improve the Deliverable as set forth in this SOW, or (ii) notify Contractor of such default and instruct Contractor to cease work on the Deliverable, in which case Contractor shall refund to DFFM all amounts paid by DFFM related to such Deliverable. Such refund shall be in addition to, and not in lieu of, any other remedies DFFM may have for Contractor’s default.

6. Reporting Requirements/Notices:

The Contractor shall submit the following items and all notices/correspondence and invoices relevant to this contract as directed by the DFFM, electronically to:

Arizona Department Forestry and Fire Management Dispatch Center Manager 2901 W. Pinnacle Peak Road Phoenix, AZ 85027 Email: mhale@dffm.az.gov and aidclogistics@dffm.az.gov

6.1. The Certificate of Insurance shall be submitted to:

Arizona Department of Forestry and Fire Management Procurement 1110 West Washington, Suite 500 Phoenix, Arizona 85007 procurement@dffm.az.gov

7. Payment

7.1. The invoice for payment will be generated upon receipt of DFFM project completion sign-off.

mailto:mhale@dffm.az.gov mailto:aidclogistics@dffm.az.gov

Fire Management Procurement Services

1110 West Washington, Suite 500

Phoenix, Arizona 85007

Contract No.: CTR076761

Direct Contract | Revision No. 1 | Revised 03-24 | Page 7 of 43

Exhibit A – Pricing

Situation Analyst Annual License (CUSTOM) - Intterra Wildland Suite Annual Subscription

$49,954.00

One-Time Intterra integration Fee

$3,500.00

Special Terms and Conditions State of Arizona

Fire Management Procurement Services

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Phoenix, Arizona 85007

Contract No.: CTR076761

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Special Terms and Conditions

1.0 Contract Administration and Operation

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

1.2 Contract Extensions. State may, at its discretion, request for a mutual agreement to 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.

1.3 Eligible Agency: This contract is a single-agency contract for the sole use of the Arizona

Department of Forestry and Fire Management.

2.0 Costs and Payments

2.1 Pricing:

2.2 Fixed Price for a twelve (12) month period.

3.0 Contract Changes

3.1 Assignment and Delegation

3.1.1 In Whole. Contractor shall not assign in whole its rights or delegate in whole its duties under the Contract without Procurement Officer’s prior written consent, which consent Procurement Officer may withhold at his or her discretion. If Contractor’s proposed assignment or delegation stems from a split, sale, acquisition, or other non-merger change in control, then no such consent will be given in any event without the assignee or delegate giving State satisfactory and equivalent evidence or assurance of its financial

Fire Management Procurement Services

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Phoenix, Arizona 85007

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4.0 Risk and Liability

4.1 Risk of Loss. Contractor shall bear all risk of loss to Materials while in pre-production, production, storage, transit, staging, assembly, installation, testing, and commissioning, if and as those duties are within the scope of the Work, until they have been accepted as conforming by State in the particular location and situation specified in the Order, or as specified generally elsewhere in the Contract if the Order does not provide particulars, provided that, risk of loss for nonconforming Materials will remain with Contractor notwithstanding acceptance to the extent the loss stems from the nonconformance.

4.2 General Contractor Indemnification and Insurance Requirements

4.2.1 Contractor Indemnification (Not Public Agency). To the fullest extent permitted by law, Contractor shall defend, indemnify, and hold harmless the State of Arizona, and its departments, agencies, boards, commissions, universities, officers, officials, agents, and employees (hereinafter referred to as “Indemnitee”) from and against any and all claims, actions, liabilities, damages, losses, or expenses (including court costs, attorneys’ fees, and costs of claim processing, investigation and litigation) (hereinafter referred to as “Claims”) for bodily injury or personal injury (including death), or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of its owners, officers, directors, agents, employees or Subcontractors. This indemnity includes any claim or amount arising out of, or recovered under, the Workers’ Compensation Law or arising out of the failure of such Contractor to conform to any federal, state, or local law, statute, ordinance, rule, regulation, or court decree. It is the specific intention of the parties that the Indemnitee shall, in all instances, except for Claims arising solely from the negligent or willful acts or omissions of the Indemnitee, be indemnified by Contractor from and against any and all claims. It is agreed that Contractor will be responsible for primary loss investigation, Fire Management Procurement Services

1110 West Washington, Suite 500

Phoenix, Arizona 85007

Contract No.: CTR076761

Direct Contract | Revision No. 1 | Revised 03-24 | Page 10 of 43 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 Subcontractor(s) is/are an agency, board, commission or university of the State of Arizona.

4.2.2 Public Agency Language Only. Each party (as 'indemnitor') agrees to indemnify, defend, and hold harmless the other party (as 'indemnitee') from and against any and all claims, losses, liability, costs, or expenses (including reasonable attorney's fees) (hereinafter collectively referred to as 'claims') arising out of bodily injury of any person (including death) or property damage but only to the extent that such claims which result in vicarious/derivative liability to the indemnitee, are caused by the act, omission, negligence, misconduct, or other fault of the indemnitor, its officers, officials, agents, employees, or volunteers."

4.2.3 Insurance Requirements: Addendum A to the Special Terms and Conditions:

Contractor Insurance Requirements is incorporated herein as part of the Special Terms and Conditions.

5.0 Warranties

5.1 Warranties and Requirements Related to Information Technology. Addendum B:

Warranties and Requirements Related to Arizona Information Technology Statewide Policies, Standards, and Procedures is incorporated herein as part of the Special Terms and Conditions.

Addendum A to the Special Terms and Conditions State of Arizona

Fire Management Procurement Services

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Phoenix, Arizona 85007

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Addendum A - Contractor Insurance Requirements

MINIMUM SCOPE AND LIMITS OF INSURANCE: Contractor shall provide coverage with limits of liability not less than those stated below.

Insurance Requirements

1.1 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, and any jurisdiction or agency issuing permits for any work included in the project, and their respective directors, officers, officials, agents and employees (hereinafter referred to as "Indemnitee") from and against any and all claims, actions, liabilities, costs, losses, or expenses, (including reasonable attorney's fees), (hereinafter collectively referred to as "Claims") arising out of actual or alleged bodily injury or personal injury of any person (including death) or loss or damage to tangible or intangible property caused, or alleged to be caused, in whole or in part, by the negligent or willful acts or omissions of Contractor or any of Contractor's directors, officers, agents, employees, volunteers or subcontractors.

This indemnity includes any claim or amount arising or recovered under the Workers' Compensation Law or arising out of the failure of 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. This indemnification will survive the termination of the above listed contract with the Contractor.

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.

1.2 Insurance Requirements

1.2.1 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.

1.2.2 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

Fire Management Procurement Services

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Contract No.: CTR076761

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1.3 Minimum Scope and Limits of Insurance

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

1.3.1 Commercial General Liability (CGL) – Occurrence Form

Policy shall include bodily injury, property damage, and broad form contractual liability coverage.

• General Aggregate $2,000,000

• Products – Completed Operations Aggregate $1,000,000

• Personal and Advertising Injury $1,000,000

• Damage to Rented Premises $50,000

• Each Occurrence $1,000,000

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.

1.3.2 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) $1,000,000

a. 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

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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.

1.3.3 Workers’ Compensation and Employers’ Liability

• Workers' Compensation Statutory

• Employers' Liability o Each Accident $1,000,000 o Disease – Each Employee $1,000,000 o Disease – Policy Limit $1,000,000

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).

1.3.4 Technology Errors & Omissions Insurance

• Each Claim $2,000,000

• Annual Aggregate $2,000,000

a. Such insurance shall cover any, and all errors, omissions, or negligent acts in the delivery of products, services, and/or licensed programs under this contract.

b. Coverage shall include copyright infringement, infringement of trade dress, domain name, title or slogan.

c. In the event that the Tech E&O 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

Fire Management Procurement Services

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(2) years, beginning at the time work under this Contract is completed.

1.4 Additional Insurance Requirements

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

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

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

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

1.5 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).

1.6 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.

1.7 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.

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1.7.1 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.

1.7.2 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.

1.7.3 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.

1.8 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.

1.9 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.

1.10 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.

Addendum B to the Special Terms and Conditions State of Arizona

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Addendum B - Warranties and Requirements Related to Arizona Information Technology

Statewide Policies, Standards, and Procedures

1. Security Standards

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

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

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

2. Security Framework

2.1. The State of Arizona information security policies and standards follow the National Institute of Standards and Technology (NIST) SP 800-53 Rev. 5 Security and Privacy Guidelines may currently be located at: https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800- 53r5.pdf.

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

https://azdohs.gov/information-technology-it-policies-standards-and-procedures https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-53r5.pdf https://nvlpubs.nist.gov/nistpubs/SpecialPublications/NIST.SP.800-53r5.pdf

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

2.4. Other forms of Cybersecurity Frameworks (CSF), Trust Documents, Self-Attestations, including, but not limited to, ISO/IEC, SOC 2 & 3, PCI, or HIPAA reports of compliance, may be reviewed

2.5. as part of the State’s risk assessment, but are not exclusive or conclusive evidence that the Contractor has met the State’s risk assessment requirements.

3. Additional Security Requirements

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

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

3.2.1. Contractor shall submit a completed Arizona Baseline Infrastructure Security

Controls Prerequisite assessment spreadsheet with its Offer. The Arizona Baseline Infrastructure Security Controls Prerequisite assessment spreadsheet as found at:

https://azdohs.gov/sites/default/files/arizona_baseline_security_controls_pre-requisite__0_0.xls, and mitigate gaps or install compensating controls for any issues of concern identified by State.

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

3.2.3. Note regarding the confidential treatment of Contractor information:

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

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

3.2.3.3. Procedures for submission of documents considered confidential or proprietary are identified within this RFP.

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

https://azdohs.gov/sites/default/files/arizona_baseline_security_controls_pre-requisite__0_0.xls https://azdohs.gov/sites/default/files/arizona_baseline_security_controls_pre-requisite__0_0.xls mailto:GRC@AZDOHS.gov

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

3.2.5. All contract awards are contingent on the successful completion of the AZRamp 125 Low Impact (public information) or the AZRamp 325 Moderate (Confidential, PII, or PHI) Impact Control spreadsheet titled “Arizona Infrastructure Security Controls 2017 (Excel),” to be determined by the Enterprise Security, Privacy & Risk Compliance team. Low (Column E) and Moderate (Column F) Impact controls spreadsheet can be located here:

https://azdohs.gov/sites/default/files/arizona_baseline_security_controls_2017_v2_ 0_0.xls.

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

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

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

3.5.1. State of Arizona statewide policies, standards and procedures:

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

3.5.2. Federal Information Security Modernization Act of 2014 (FISMA):

https://csrc.nist.gov/topics/laws-and-regulations/laws/fisma;

3.5.3. OMB Circular A-130:

https://www.federalregister.gov/documents/2016/07/28/2016-17872/revision-of-omb-circular-no-a-130-managing-information-as-a-strategic-resource;

https://aset.az.gov/sites/default/files/Arizona%20Baseline%20Security%20Controls%202017_v2.xls https://aset.az.gov/sites/default/files/Arizona%20Baseline%20Security%20Controls%202017_v2.xls https://azdohs.gov/sites/default/files/arizona_baseline_security_controls_2017_v2_0_0.xls https://azdohs.gov/sites/default/files/arizona_baseline_security_controls_2017_v2_0_0.xls https://azdohs.gov/information-technology-it-policies-standards-and-procedures https://csrc.nist.gov/topics/laws-and-regulations/laws/fisma https://www.federalregister.gov/documents/2016/07/28/2016-17872/revision-of-omb-circular-no-a-130-managing-information-as-a-strategic-resource https://www.federalregister.gov/documents/2016/07/28/2016-17872/revision-of-omb-circular-no-a-130-managing-information-as-a-strategic-resource

Fire Management Procurement Services

1110 West Washington, Suite 500

Phoenix, Arizona 85007

Contract No.: CTR076761

Direct Contract | Revision No. 1 | Revised 03-24 | Page 19 of 43

3.5.4. National Cyber Strategy of the United States of America:

https://www.cisa.gov/executive-order-strengthening-cybersecurity-federal-networks-and-critical-infrastructure;

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

3.5.6. Tax Information Security Guidelines For Federal, State and Local Agencies:

Safeguards for Protecting Federal Tax Returns and Return Information (I.R.S.

Publication 1075): https://www.irs.gov/pub/irs-pdf/p1075.pdf;

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

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

3.5.8. Centers for Medicare & Medicaid Services (CMS), Minimum Acceptable Risk Standards for Exchanges (MARS-E):

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

3.5.9. A.R.S. §18-104 - Arizona Department of Administration, Arizona Strategic Enterprise Technology (ADOA-ASET), Powers and duties of the agency:

https://www.azleg.gov/arsDetail/?title=18;

3.5.10. A.R.S. §41-4282 - Statewide Information Security and Privacy Office (SISPO):

https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/41/04 282.htm

3.5.11. A.R.S. §18-551 - Definitions Information Security Including PII:

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

3.5.12. A.R.S. §18-552 - Notification of security system breaches; requirements;

enforcement; civil penalty; preemption; exceptions:

https://www.azleg.gov/ars/18/00552.htm;

3.5.13. Arizona Executive Order 2008-10 – Mitigating Cyber Security Threats:

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

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

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

3.5.16. Family Education Rights Privacy Act (FERPA):

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

https://www.cisa.gov/executive-order-strengthening-cybersecurity-federal-networks-and-critical-infrastructure https://www.cisa.gov/executive-order-strengthening-cybersecurity-federal-networks-and-critical-infrastructure https://www.hhs.gov/hipaa/index.html https://www.irs.gov/pub/irs-pdf/p1075.pdf http://https/ http://https/ https://www.cms.gov/CCIIO/Resources/Regulations-and-Guidance/Downloads/2-MARS-E-v2-0-Minimum-Acceptable-Risk-Standards-for-Exchanges-11102015.pdf https://www.cms.gov/CCIIO/Resources/Regulations-and-Guidance/Downloads/2-MARS-E-v2-0-Minimum-Acceptable-Risk-Standards-for-Exchanges-11102015.pdf https://www.cms.gov/CCIIO/Resources/Regulations-and-Guidance/Downloads/2-MARS-E-v2-0-Minimum-Acceptable-Risk-Standards-for-Exchanges-11102015.pdf https://www.azleg.gov/arsDetail/?title=18 https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/41/04282.htm https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/41/04282.htm https://www.azleg.gov/ars/18/00551.htm https://www.azleg.gov/ars/18/00552.htm https://www.sipc.org/about-sipc/ https://azdeq.gov/LawsAndRules https://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html?src=rn

Fire Management Procurement Services

1110 West Washington, Suite 500

Phoenix, Arizona 85007

Contract No.: CTR076761

Direct Contract | Revision No. 1 | Revised 03-24 | Page 20 of 43

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

3.5.18. Incident Response Reporting program and system:

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

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

3.5.20. Payment Card Industry (PCI) Security Standards including but not limited to Supplemental Documents, Information Supplements and Validation Requirements:

https://www.pcisecuritystandards.org.

https://azdot.gov/motor-vehicles/driver-services/driver-license-information/motor-vehicle-records https://azdot.gov/motor-vehicles/driver-services/driver-license-information/motor-vehicle-records https://azdohs.gov/sites/default/files/p8240-incident-response-planning_0.pdf https://azlibrary.gov/branches/archives-records-management https://azlibrary.gov/branches/archives-records-management https://www.pcisecuritystandards.org/

Uniform Terms and Conditions State of Arizona

Fire Management Procurement Services

1110 West Washington, Suite 500

Phoenix, Arizona 85007

Contract No.: CTR076761

Direct Contract | Revision No. 1 | Revised 03-24 | Page 21 of 43

Uniform Terms and Conditions 10.5

1. Definition of Terms. As used in this Solicitation and any resulting Contract, the terms listed below are defined as follows:

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

(LLM) AI.

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

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

the Offer and any Best and Final Offers; and any Solicitation Amendments or Contract Amendments.

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

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

1.6. “Data” means recorded information, regardless of form or the media on which it may be recorded.

The term may include technical data and computer software. The term does not include information incidental to contract administration, such as financial, administrative, cost or pricing, or management information.

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

1.8. “Exhibit” means any item labeled as an Exhibit in the Solicitation or placed in the Exhibits section of the Solicitation generally containing maps, schematics, examples of reports, or other documents that will be used to perform the requirements of the Scope of Work after contract award.

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

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

Fire Management Procurement Services

1110 West Washington, Suite 500

Phoenix, Arizona 85007

Contract No.: CTR076761

Direct Contract | Revision No. 1 | Revised 03-24 | Page 22 of 43

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

1.12. “Services” means the furnishing of labor, time or effort by a Contractor or Subcontractor which does not involve the delivery of a specific end product other than required reports and performance, but does not include employment agreements or collective bargaining agreements.

1.13. “State” means any department, commission, council, board, bureau, committee, institution, agency, government corporation or other establishment or official of the executive branch or corporation commission of the State of Arizona that executes the Contract.

1.14. “State Fiscal Year” means the period beginning with July 1 and ending June 30.

1.15. “Subcontract” means any Contract, express or implied, between the Contractor and another party or between a Subcontractor and another party delegating or assigning, in whole or in part, the making or furnishing of any Materials or any Services required for the performance of the Contract.

1.16. “Subcontractor” means a person who contracts to perform work or render Services to a Contractor or to another Subcontractor as a part of a Contract with the State.

2. Contract Interpretation

2.1. Arizona Law. The Arizona law applies to this Contract including, where applicable, the Uniform Commercial Code as adopted by the State of Arizona and the Arizona Procurement Code, Arizona Revised Statutes (A.R.S.) Title 41, Chapter 23, and its implementing rules, Arizona Administrative Code (A.A.C.) Title 2, Chapter 7.

2.2. Implied Contract Terms. Each provision of law and any terms required by law to be in this Contract are a part of this Contract as if fully stated in it.

2.3. Contract Order of Precedence. In the event of a conflict in the provisions of the Contract, as accepted by the State and as they may be amended, the following shall prevail in the order set forth below:

2.3.1. Special Terms and Conditions;

2.3.2. Uniform Terms and Conditions;

2.3.3. Statement or Scope of Work;

2.3.4. Specifications;

Fire Management Procurement Services

1110 West Washington, Suite 500

Phoenix, Arizona 85007

Contract No.: CTR076761

Direct Contract | Revision No. 1 | Revised 03-24 | Page 23 of 43

2.3.5. Attachments;

2.3.6. Exhibits; then

2.3.7. Any other documents referenced or included in the Solicitation including, but not limited to, any Bid or Offer documents provided by the Contractor that do not fall into one of the above categories.

2.4. Relationship of Parties. The Contractor under this Contract is an independent Contractor. Neither party to this Contract shall be deemed to be the employee or agent of the other party to the Contract.

2.5. Severability. The provisions of this Contract are severable. Any term or condition deemed illegal or invalid shall not affect any other term or condition of the Contract.

2.6. No Parol Evidence. This Contract is intended by the parties as a final and complete expression of their agreement. No course of prior dealings between the parties and no usage of the trade shall supplement or explain any terms used in this document and no other understanding either oral or in writing shall be binding.

2.7. No Waiver. Either party’s failure to insist on strict performance of any term or condition of the Contract shall not be deemed a waiver of that term or condition even if the party accepting or acquiescing in the nonconforming performance knows of the nature of the performance and fails to object to it.

3. Contract Administration and Operation

3.1. Records. Under A.R.S. § 35-214 and § 35-215, the Contractor shall retain and shall contractually require each Subcontractor to retain any and all Data and other “records” relating to the acquisition and performance of the Contract for a period of five (5) years after the completion of the Contract.

All records shall be subject to inspection and audit by the State at reasonable times. Upon request, the Contractor shall produce a legible copy of any or all such records.

3.2. Non-Discrimination. The Contractor shall comply with State Executive Order Nos. 2023-09, 2023- 01, 2009-09, and any and all other applicable Federal and State laws, rules and regulations, including the Americans with Disabilities Act.

3.3. Audit. Pursuant to A.R.S. § 35-214, at any time during the term of this Contract and five (5) years thereafter, the Contractor’s or any Subcontractor’s books and records shall be subject to audit by the

Fire Management Procurement Services

1110 West Washington, Suite 500

Phoenix, Arizona 85007

Contract No.: CTR076761

Direct Contract | Revision No. 1 | Revised 03-24 | Page 24 of 43

State and, where applicable, the Federal Government, to the extent that the books and records relate to the performance of the Contract or Subcontract.

3.4. Facilities Inspection and Materials Testing. The Contractor agrees to permit access to its facilities, Subcontractor facilities, and the Contractor’s processes or services, at reasonable times for inspection of the facilities or Materials covered under this Contract as required under A.R.S. § 41-2547. The State shall also have the right to test, at its own cost, the Materials to be supplied under this Contract.

Neither inspection of the Contractor’s facilities nor Materials testing shall constitute final acceptance of the Materials or Services. If the State determines non-compliance of the Materials, the Contractor shall be responsible for the payment of all costs incurred by the State for testing and inspection.

3.5. Notices. Notices to the Contractor required by this Contract shall be made by the State to the person indicated on the Offer and Acceptance form submitted by the Contractor unless otherwise stated in the Contract. Notices to the State required by the Contract shall be made by the Contractor to the Solicitation Contact Person indicated on the Solicitation, stated in the Contract, or listed on the State’s eProcurement system. An authorized Procurement Officer and an authorized Contractor representative may change their respective person to whom notice shall be given by written notice to the other and an amendment to the Contract shall not be necessary.

3.6. Advertising, Publishing and Promotion of Contract. The Contractor shall not use, advertise or promote information for commercial benefit concerning this Contract without the prior written approval of the Procurement Officer.

3.7. Continuous Improvement. Contractor shall recommend continuous improvements on an on-going basis in relation to any Materials and Services offered under the Contract, with a view to reducing State costs and improving the quality and efficiency of the provision of Materials or Services. State may require Contractor to engage in continuous improvements throughout the term of the Contract.

3.8. Other Contractors. State may undertake on its…