Part Two (2) – Table of Contents

ARIZONA DEPARTMENT

OF HEALTH SERVICES

150 North 18th Ave, Suite 530

Phoenix, AZ 85007

REQUEST FOR PROPOSAL No. BPM005142

WIC Investigative Services

TABLE OF CONTENTS

I. Special Instructions to Offerors

II. Uniform Instructions to Offerors

Part Two (2) – Special Instructions to Offerors

OF HEALTH SERVICES

150 North 18th Ave, Suite 530

SPECIAL INSTRUCTIONS TO OFFERORS

1. PRE-OFFER CONFERENCE

Prospective Offerors are invited to attend a Pre-Offer Conference. The date, time and location of this conference are indicated on the solicitation Notice Page. The purpose of this conference will be to clarify the contents of this request for proposals in order to prevent any misunderstanding of the ADHS's position. Any doubt as to the requirements of this Request for Proposals (RFP) or any apparent omission or discrepancy should be presented to the ADHS at this conference. The ADHS will then determine the appropriate action necessary, if any, and may issue a written amendment to the request for proposals. Oral statements or instructions shall not constitute an amendment to this request for proposals. Although not required, it is recommended that offerors attend the Pre-Offer Conference.

2. SUPPLIER REGISTRATION

Suppliers are required to be registered in the Arizona Procurement Portal (APP) in order to submit a Proposal to the solicitation. The website is listed below. Offerors requiring assistance in the registration process or in navigating the APP system may find information on the APP website (https://spo.az.gov/app/supplier/training) or contact the Help Desk at app@azdoa.gov or 602-542-7600.

3. INQUIRIES / WRITTEN QUESTIONS

3.1 Examine the entire Solicitation, obtain clarification in writing for any questions or concerns by submitting inquiries, then examine your Offer thoroughly and carefully for completeness and accuracy before submitting it. Lack of care in preparing an Offer will not be grounds for modifying or withdrawing it after the due date and time.

3.2 All questions, inquiries or clarifications regarding this solicitation shall be submitted through APP using the Discussion Forum Tab within the Solicitation, no later than three (3) business days prior to the RFP due date. Failure to do so may result in the inquiry not being considered for a Solicitation Amendment. Any correspondence related to a solicitation should refer to the appropriate document, page and paragraph number.

3.3 An Offeror shall not rely on verbal responses to inquiries. A verbal reply to an inquiry does not constitute a modification of the solicitation. Only a Solicitation Amendment issued in The State’s e-Procurement System can change the Solicitation.

3.4 The Procurement Officer will not answer any questions posted after the deadline specified in the Section 3.2.

4. SUBMISSION REQUIRED IN APP

4.1 Offer shall be submitted in an acceptable format, as described herein, using the State’s online eProcurement application APP (https://app.az.gov). Submission of offers by means other than the APP system will not be accepted. Click save button upon uploading each attachment. To ensure successful submission of the Offer, click the Validate and Send my Answer button from any page. APP will send you an email confirming the receipt of your answer. Prospective Offerors with questions shall post the questions in the discussion forum prior to the Solicitation’s due date. Questions posted in the discussion forum will be made available to the public.

4.2 Acceptable Formats. Electronic copy of the proposal shall be submitted in a format acceptable to the State.

Acceptable formats include .DOC and .DOCX (Microsoft Word), .XLS and .XLSX (Microsoft Excel), .PPT and .PPTX (Microsoft PowerPoint) and .PDF (Adobe Acrobat).

https://spo.az.gov/app/supplier/training mailto:app@azdoa.gov https://app.az.gov/

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4.3 Acknowledgement of Solicitation Amendments. Offerors shall acknowledge Solicitation Amendments electronically in APP (https://app.az.gov) and copy forward or revise previous responses no later than the Proposal due date and time. Failure to acknowledge all/any Solicitation Amendment may result in rejection of the Proposal.

5. PROPOSAL REQUIREMENTS

5.1 If page limit is provided, the responses shall be typed using 10-point Arial font, single spaced, normal margins. Each proposal shall include an attachment for each response section. The material should be in sequence and organized as outlined below and related to the RFP. Failure to include the requested information may have a negative impact on the evaluation of the Offeror’s proposal. Offerors shall copy APP Attachments to their own computer, save the information entered, and submit the completed information as a new, appropriately re-named Attachment in APP. APP will not save information entered directly on the Attachments. On each document, insert a Footer that specifies: Name of the Offeror, Name of the Attachment, the Solicitation Number, and Page Number.

5.2 The ADHS will not provide any reimbursement for the cost of developing a response to this RFP. APP will require certain information to be entered before you will be allowed to submit your response. In addition, the Offer shall include at least the following information:

5.2.1 Under the “Financial Questionnaire” Tab, provide the following information:

5.2.1.1 Executive Summary

A brief overview of the project as described in the Scope of Services. Executive Summary shall not exceed two (2) pages.

5.2.1.2 Experience and Expertise

5.2.1.2.1 Provide a description of Offeror’s experience and expertise regarding the services offered, company history, location, number of years in business, types of services provided that demonstrates reliable past performance with WIC specific and similar services provided in the last three (3) years. Describe how the Offeror built on this experience to improve the process and outcomes.

Provide the number of full and part-time employees that will support this Contract. The ADHS may not be used as the only example of prior projects; other examples of similar projects need to be included.

5.2.1.2.2 Supporting documentation that demonstrates reliable past performance with similar services within the last three (3) years.

5.2.1.2.3 Supporting documentation that demonstrates reliable past performance with WIC specific services within the last three (3) years.

5.2.1.2.4 Provide resumes or curriculum vitae for key personnel responsible for delivery of services as defined in the Scope of Work. Provide resumes for existing staff that will be involved with the project and job descriptions for positions to be filled.

Resumes shall include name, title, key responsibilities and previous experiences that are relevant to that field. Ensure that all investigative employees are licensed in the State of Arizona to perform the work required under this Contract, and a copy of the PI license shall be provided to ADHS for each investigative employee. Include professional licensure, certifications, educational preparation, professional awards, and publications. List how much time each person is https://app.az.gov/

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150 North 18th Ave, Suite 530 expected to spend on the project. Copies of all professional licensure and certifications are required.

5.2.1.2.5 Provide narrative describing any performance deficiencies, notices to cure, failure to perform, termination for cause or default within the past three (3) years or for each year less than three (3) if the Offeror has not provided services from that duration. The information for this section is to be provided for the Offeror as currently constituted; any predecessor companies (including any companies the Offeror has acquired); any parent, subsidiary or other affiliated companies. The ADHS may contact any entity listed for the purpose of obtaining references relative to past performances and, if necessary, the Offeror shall sign a release to obtain information.

5.2.1.3 Method of Approach

5.2.1.3.1 The Offeror shall prepare and submit a written narrative describing the method of approach that will be used to provide the services as listed within the scope of service addressing each outlined task and requirement. Narrative response should be numbered in accordance with each task and requirement. When appropriate, provide the Method of Approach that includes a chronology; provide a detailed schedule of tasks and subtasks to be accomplished and continuing until the task and/or subtasks are completed, and provide start and end dates or time periods for tasks and subtasks as appropriate for performance. Evaluators will only read the required number of pages. Additional pages will not be included in the evaluation process and could impact the award of a Contract.

5.2.1.3.1.1 Requirements, Section 5, as described in the Scope of Work; and

5.2.1.3.1.2 Tasks, Section 6, as described in the Scope of Work.

5.2.1.4 Offeror shall print Attachment A, Offer and Acceptance, complete, sign and upload into the “Technical Questionnaire Tab” in APP;

5.2.1.5 Offeror shall print Attachment B, Notices, Correspondence, Reports, and Payments, complete sign and upload into the “Technical Questionnaire Tab” in APP;

5.2.1.6 Offeror shall print Attachment C, Confidential Information Designation, complete and upload into the “Technical Questionnaire Tab” in APP;

5.2.1.7 Offeror shall print Attachment D, Boycott of Israel Disclosure, complete, sign and date and upload into the “Technical Questionnaire Tab” in APP;

5.2.1.8 Offeror shall print Attachment E, Forced Labor of Uyghurs Ban, complete and upload into the “Technical Questionnaire Tab” in APP;

5.2.1.9 Offeror shall acknowledge any and all Solicitation Amendments electronically prior to the Offer due date and time. Failure to acknowledge all Solicitation Amendments may result in rejection of the Offer. Solicitation Amendments are created as a new Round. If a Proposal has been submitted under a Round and a new Round and Amendment is issued, Offeror’s Proposal must be resubmitted when acknowledging the Amendment or the Proposal will not be recognized by APP at the close of the Solicitation. It will register as a “No Bid”.

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5.2.2 Under the “Items Tab” in APP, Offeror shall provide all-inclusive pricing for each line item; pricing shall include freight, delivery charges and travel costs, if applicable. No additional costs, other than those listed on the price sheet, will be accepted by ADHS. Items pricing shall include the following:

5.2.2.1 Line Item 1: Testimony by Investigator at a Court Trial, Pre-Hearing Conference, or

Administrative Hearing. One (1) each.

5.2.2.2 Line Item 2: Local Agency (LA) Clinic Compliance Investigation within Maricopa County. One

(1) each.

5.2.2.3 Line Item 3: LA Clinic Compliance Investigation outside of Maricopa County. One (1) each.

5.2.2.4 Line Item 4: Inventory Audit (IA) within Maricopa County (IA visit and one (1) 100% complete and accurate IA Review Form). One (1) each.

5.2.2.5 Line Item 5: IA outside of Maricopa County (IA visit and one (1) 100% complete and accurate IA Review Form). One (1) each.

5.2.2.6 Line Item 6: Vendor Site Review (VSR) within Maricopa County (VSR visit and one (1) 100% complete and accurate VSR form). One (1) each.

5.2.2.7 Line Item 7: VSR outside of Maricopa County (VSR visit and one (1) 100% complete and accurate VSR form). One (1) each.

5.2.2.8 Line Item 8: Cash Buy (Cash) within Maricopa County (Cash visit and one (1) 100% complete and accurate Cash Report). One (1) each.

5.2.2.9 Line Item 9: Cash outside of Maricopa County (Cash visit and one (1) 100% complete and accurate Cash Report). One (1) each.

5.2.2.10 Line Item 10: Compliance Buy (CB) within Maricopa County (CB visit and one (1) 100% complete and accurate CB Report). One (1) each.

5.2.2.11 Line Item 11: CB outside of Maricopa County (CB visit and one (1) 100% complete and accurate CB Report). One (1) each.

5.2.2.12 No Charge Items. If applicable, check the “no charge” option per line item and provide a comment to the no charge. Using the “no charge” option ensures that the Offeror is providing a response to a specific item yet is not charging for that line item.

5.2.2.13 For items offered with discount, APP will not recognize only the discount percentage. To complete the discount (%) information in the items, $0.01 shall be entered in the Unit Cost field and then the appropriate minimum discount percentage (%) (0% to 99%) shall be entered.

5.2.2.14 Contractor’s Invoiced Pricing Shall Align with the Individual Item Pricing as listed in APP.

OF HEALTH SERVICES

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6. PROPOSAL ORGANIZATION AND REQUIREMENTS

The Proposal shall be organized in the following order:

6.1 Acknowledgement in APP of any Solicitation Amendments issued, if applicable;

6.2 Executive Summary;

6.3 Experience and Expertise;

6.4 Method of Approach;

6.5 Completed Items Tab in APP; and

6.6 Attachments (A, B, C, D, and E).

7. PROPOSAL OPENING

Offers received by the due date and time will be opened in APP. The name of each Offeror will be publicly available.

Offers will not be subject to public inspection until after Contract award.

8. RESPONSIBILITY; RESPONSIVENESS AND SUSCEPTIBILITY

8.1. Responsibility

In accordance with A.R.S. 41-2534(G), A.A.C. R27-C312 and R2-7-C316, the State shall consider the following in determining Offeror’s responsibility, as well as the responsiveness and acceptability of their proposals. The State will consider, but is not limited to, the following in determining an Offeror’s responsibility as well as susceptibility to Contract Award:

8.1.1. Whether the Offeror has had a contract within the last five (5) years that was terminated for cause due to breach or similar failure to comply with the terms of the contract;

8.1.2. Whether the Offeror’s record of performance includes factual evidence of failure to satisfy the terms of the Offeror’s agreements with any party to a contract. Factual evidence may consist of documented vendor performance reports, customer complaints and/or negative references;

8.1.3. Whether the Offeror is legally qualified to contract with the State and the Offeror’s financial, business, personnel, or other resources, including subcontractors;

8.1.4. Legally qualified includes if the vendor or if key personnel have been debarred, suspended or otherwise lawfully prohibited from participating in any public procurement activity, including but not limited to, being disapproved as a subcontractor of any public procurement unit or other governmental body.

8.1.5. Whether the Offeror promptly supplied all requested information concerning its responsibility;

8.1.6. Whether the Offer was sufficient to permit evaluation by the State, in accordance with the evaluation criteria identified in this Solicitation or other necessary offer components. Necessary offer components include: attachments, documents or forms to be submitted with the offer, an indication of the intent to be bound, reasonable or acceptable approach to perform the Scope of Work, signed Solicitation Amendments, references to include experience verification, adequacy of financial/business/personal

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8.1.7. Whether the Offer was in conformance with the requirements contained in the Scope of Work, Terms and Conditions, and Instructions for the Solicitation and its Amendments, including the documents incorporated by reference;

8.1.8. Whether the Offer limits the rights of the State;

8.1.9. Whether the Offer includes or is subject to unreasonable conditions, to include conditions upon the State or necessary for successful Contract performance. The State shall be the sole determiner as to the reasonableness of a condition;

8.1.10. Whether the Offer materially changes the contents set forth in the Solicitation, which includes the Scope of Work, Terms and Conditions, or Instructions; and,

8.1.11. Whether the Offeror provides misleading or inaccurate information.

8.2. Responsiveness and Susceptibility

Proposals that do not contain information sufficient to evaluate the proposal in accordance with the factors identified in the solicitation or other necessary proposal components may not be considered responsive and/or acceptable. Necessary components include an indication of the Offeror’s intent to be bound, price proposal, solicitation amendments, bond and reference data as required.

Proposal Content. The Offeror shall make a firm commitment to provide services as required and proposed.

The material contained in the Offer shall be relevant to the service requirements stated in the Solicitation

BMP005142.

It is to be submitted in a sequence that reflects the scope of work section of this document.

It is to include information relevant to the designated evaluation criteria.

Failure to include the requested information may have a negative impact on the evaluation of the Offeror’s proposal.

8.3. Eligibility for Evaluation and Negotiation

8.3.1. If Procurement Officer determines an offeror is Not Responsible, then he or she is not permitted by A.A.C. R2-7-C314 to give further consideration to its offer or include it in any Negotiation or make Evaluation of its offer. If, however, Procurement Officer determines that an offer is Responsive (i.e., there is no applicable determination of Not Susceptible for Award), then he or she is obliged by A.A.C.

R2-7-C314 to make Evaluation of it and include the offeror in the immediate round of Negotiation (if there is any Negotiation).

8.3.2. If Procurement Officer determines subsequently that your Revised Offer is Not Susceptible for Award by virtue of comparison to other revised offers per A.A.C. R2-7-C314(A)(3), then he or she will not include you in any further Negotiation. For clarity of intent, the foregoing means that Procurement Officer may reduce the number of offers that are “susceptible for award” with each successive round of Negotiation, since the purpose of Negotiation is to achieve best value for State.

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9. EVALUATION OF OFFERS

9.1. Offer Validity Period

By submitting an Offer, the Offeror agrees to hold it open for the validity period specified in the Solicitation Summary. If no validity period is specified therein, then the Offeror shall hold the Offer open for 180 (one hundred eighty) days. The specified or default validity period (whichever applies) re-starts upon submission of each Revised Offer or a Best and Final Offer.

9.2. Clarifications

Upon receipt and opening of proposals submitted in response to this solicitation, the State may request oral or written clarifications, including demonstrations or questions and answers, for the sole purpose of information gathering or for eliminating minor informalities or correcting nonjudgmental mistakes in proposals. Clarifications shall not otherwise afford Offerors the opportunity to alter or change their proposal.

9.3. Oral Presentations

The State may request oral presentations. If requested, the Offeror shall be available for oral presentations with no more than ten (10) business days advance notice. Participants in the oral presentations should include the Offeror's key persons. Such oral presentations shall not otherwise afford an Offeror the opportunity to alter or change its Offer.

9.4. Cost or Pricing Data

Submit any cost or pricing data promptly that Procurement Officer requests under A.R.S § 41-2543 per A.A.C.

R2-7-702(B)(2). Procurement Officer may make the following preconditions for eligibility and award:

9.4.1. Submission of appropriate cost or pricing data under A.A.C. R2-7-704;

9.4.2. Determination that the submitted cost or pricing data demonstrates that pricing is fair and reasonable under A.A.C. R2-7-702(A); and,

9.4.3. Determination that the data is not defective under A.A.C. R2-7-705.

9.5. Evaluation Criteria

In accordance with the Arizona Procurement code A.R.S. § 41-2534, awards shall be made to the responsible Offeror(s) whose proposal is determined in writing to be the most advantageous to the State based upon the evaluation criteria listed below. The evaluation factors are listed in their relative order of importance.

9.5.1. Experience and Capacity;

9.5.2. Method of Approach; and

9.5.3. Cost.

9.6. Negotiations

In accordance with A.R.S. § 41-2534, after the initial receipt of proposals, the Procurement Officer may conduct discussions with those Offerors who submit proposals determined by the State to be reasonably susceptible of being selected for award, and

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The Procurement Officer may request a best and final offer from any offerors with whom negotiation has been conducted. The State may make award without any Negotiation and therefore every offeror is forewarned to always submit its offer complete and on the most favorable terms initially, and not to assume any opportunity for Negotiation.

9.7. Financial Stability

The Offeror must be able to substantiate financial stability to State’s satisfaction as a precondition of any contract award. The Procurement Officer may demand documentation such as current and audited financial statements, including income and balance sheets, directly from you or may obtain reports from independent financial rating services. Not providing the evidence will be grounds for Procurement Officer determining the Offer is Not Susceptible for Award.

9.8. Consideration of Exceptions

The Procurement Officer may determine that the Offer is Not Susceptible for Award if it is conditioned on an exception to a material aspect of the Solicitation. Even if Procurement Officer determines that an exception is one that does not merit Not Susceptible for Award determination, he or she may down-grade your Offer in Evaluation if the exception is significant.

9.9. Consideration of Deviations

The Procurement Officer may down-grade your Offer in Evaluation if it contains deviations that, in his or her determination, materially reduce the value to State of affected Materials or Services across the life-cycle thereof.

9.10. Consideration of Cost

Regardless of the relative order assigned to cost in the Solicitation Summary, cost is an essential consideration in every award State makes; State’s intent is always to obtain the best pricing available and it strives to make its evaluations be a straightforward comparison of best value between the responsible and responsive proposals as far as possible to the extent permissible under the Arizona Procurement Code.

9.11. Unit Price Prevails

In the case of discrepancy in the Offer between a unit price or rate and an extension of that unit price or rate, the unit price or rate will prevail.

9.12. Waiver and Rejection

Notwithstanding any other provision of the Solicitation Documents, State reserves the right to waive any minor informality, reject any or all offers or portions thereof or cancel the Solicitation

10. CONFIDENTIAL INFORMATION

In addition to the State of Arizona’s Uniform Instructions, Provision 4, Submissions of Offer, subsection 4.5, Confidential Information, the Offeror shall submit an itemized and separate attachment on company letterhead explaining the reasons why the information should be held confidential. This attachment shall be uploaded under the Attachment Tab in APP. Simply checking the confidential box in APP does not hold the information confidential. No other entity may view the submitted proposal, bid or offer except the Procurement Officer. All proposals, bids or offers remain confidential until an award is made.

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11. CONTRACT AWARD

1.1. Best Advantage to State

Under A.A.C. R2-7-C317, contracts will be awarded to the responsible offeror(s) whose offer(s) is/are determined to be most advantageous to the State based on the stated evaluation criteria.

1.2. Number of Types of Awards

State may make multiple awards or to award contracts by individual line items or alternates, by group of line items or alternates, or to make an aggregate award, or regional awards, whichever is determined to be most advantageous to State.

1.3. Contract Inception

The Offer does not constitute a contract nor does it confer any right on you to the award of a contract. A contract is not created until your Offer has been accepted for State by Procurement Officer’s signature on the Offer and Acceptance Form. Notice of award or of intent to award will not constitute State’s acceptance of your Offer.

1.4. Contract Document Consolidation

The State may, at its option, consolidate the resulting contract documents after contract award. Examples of such consolidation are reorganizing Solicitation Documents and those components of the Accepted Offer not pertaining to the contract’s operation and excluding any components of the Accepted Offer that were not awarded. Contract document consolidation will not, however, include or be construed to include any materially change the Solicitation or the Contract.

1.5. Viewing Awarded Contracts

To view awarded Contracts: 1. Go to app.az.gov 2. Select: State Contracts (Blue tab), 3. Search using “Keywords:” enter name of solicitation Label and click on “Search”. A listing of Contracts with the description (name of Contract Set) will appear below. 4. To view a Contract, click on pencil next to Contract number. 5.

Contact Help Desk at 602-542-7600 for assistance.

12. INCLUSIVE OFFERORS

Offerors are encouraged to make every effort to utilize subcontractors that are small, women- and/or minority-owned business enterprises. Offerors who are committing a portion of their work to such subcontractors shall provide the name of the subcontractor, which of the following categories apply: small, women- and/or minority-owned business, the specific services or work to be performed, the percentage of work or services to be provided by the subcontractor, and how this effort will be administered and managed, including reporting requirements.

13. Solicitation or Award Protests

Any protest must comply with and be resolved according to Arizona Revised Statutes Title 41, Chapter 23, Article 9, and rules adopted thereunder. Protests must be in writing and be filed with both Procurement Officer and the State Procurement Administrator. Protest of the Solicitation must be received before the Bid/Offer due date and time. Protest of a proposed award or of an award must be received within 10 (ten) days after Procurement Officer makes the procurement file available for public inspection. In either case, the protest must include:

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13.1. The name, address, email address and telephone number of the interested party;

13.2. Signature of the interested party or its representative;

13.3. Identification of the purchasing agency and the solicitation or contract number;

13.4. A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and

13.5. The form of relief being requested.

14. COMMENTS WELCOME

The State Procurement Office periodically reviews the Uniform Instructions to Offerors and welcomes any comments you may have. Please submit your comments to: State Procurement Administrator, State Procurement Office, 100 North 15th Avenue, Suite 201, Phoenix, Arizona, 85007

Part Two (2) – Uniform Instructions to Offerors

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UNIFORM INSTRUCTIONS TO OFFERORS

1. DEFINITION OF TERMS

As used in these Instructions, the terms listed below are defined as follows:

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

1.2 “Best and Final Offer” means a revision to an Offer submitted after negotiations are completed that contains the Offeror’s most favorable terms for price, service, and products to be delivered.

Sometimes referred to as a Final Proposal Revision.

1.3 “Contract” means the combination of the Solicitation, including the Uniform and Special Terms and

Conditions, and the Specifications and Statement or Scope of Work; the Offer, any Clarifications, 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 issued for the purpose of making changes in the Contract.

1.5 “Contractor” means any person who has a Contract with a state governmental unit.

1.6 “Day” means calendar days unless otherwise specified.

1.7 “eProcurement (Electronic Procurement)” means conducting all or some of the procurement function over the Internet. Point, click, buy and ship Internet technology is replacing paper- based procurement and supply management business processes. Elements of eProcurement also include Invitation for Bids, Request for Proposals, and Request for Quotations.

1.8 “Exhibit” means any document or object labeled as an Exhibit in the Solicitation or placed in the

Exhibits section of the Solicitation.

1.9 “Offer” means a response to a solicitation.

1.10 “Offeror” means a person who responds to a Solicitation.

1.11 “Person” means any corporation, business, individual, union, committee, club, or other organization or group of individuals.

1.12 “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.

1.13 “Solicitation” means an Invitation for Bids (“IFB”), a Request for Technical Offers, a Request for Proposals (“RFP”), a Request for Quotations (“RFQ”), or any other invitation or request issued by the purchasing agency to invite a person to submit an offer.

1.14 “Solicitation Amendment” means a change to the Solicitation issued by the Procurement Officer.

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 material or any service required for the performance of the Contract.

1.16 “State” means the State of Arizona and Department or Agency of the State that executes the

Contract.

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2. INQUIRIES

2.1 Duty to Examine. It is the responsibility of each Offeror to examine the entire Solicitation, seek clarification in writing (inquiries), and examine its Offer for accuracy before submitting an Offer. Lack of care in preparing an Offer shall not be grounds for modifying or withdrawing the Offer after the Offer due date and time.

2.2 Solicitation Contact Person. Any inquiry related to a Solicitation, including any requests for or inquiries regarding standards referenced in the Solicitation shall be directed solely to the Procurement Officer.

2.3 Submission of Inquiries. All inquiries related to the Solicitation are required to be submitted in the

State’s eProcurement system. All responses to inquiries will be answered in the State’s eProcurement system. Any inquiry related to the Solicitation should reference the appropriate solicitation page and paragraph number. Offerors are prohibited from contacting any State employee other than the Procurement Officer concerning the procurement while the solicitation and evaluation are in process.

2.4 Timeliness. Any inquiry or exception to the Solicitation shall be submitted as soon as possible and should be submitted at least seven days before the Offer due date and time for review and determination by the State. Failure to do so may result in the inquiry not being considered for a Solicitation Amendment.

2.5 No Right to Rely on Verbal or Electronic Mail Responses. An Offeror shall not rely on verbal or electronic mail responses to inquiries. A verbal or electronic mail reply to an inquiry does not constitute a modification of the solicitation.

2.6 Solicitation Amendments. The Solicitation shall only be modified by a Solicitation Amendment.

2.7 Pre-Offer Conference. If a pre-Offer conference has been scheduled under the Solicitation, the date, time and location shall appear in the State’s eProcurement system. Offerors should raise any questions about the Solicitation at that time. An Offeror may not rely on any verbal responses to questions at the conference. Material issues raised at the conference that result in changes to the Solicitation shall be answered solely through a Solicitation Amendment.

2.8 Persons With Disabilities. Persons with a disability may request a reasonable accommodation, such as a sign language interpreter, by contacting the Procurement Officer. Requests shall be made as early as possible to allow time to arrange the accommodation.

3. OFFER PREPARATION

3.1 Electronic Documents. The Solicitation is provided in an electronic format. Offerors are responsible for clearly identifying any and all changes or modifications to any Solicitation documents upon submission to the State’s eProcurement system. Any unidentified alteration or modification to any Solicitation attachments, exhibits, forms, charts or illustrations contained herein shall be null and void. Offeror’s electronic files shall be submitted in a format acceptable to the State. Acceptable formats include .doc and .docx (Microsoft Word), .xls and .xlsx (Microsoft Excel), .ppt and .pptx (Microsoft PowerPoint) and.pdf (Adobe Acrobat). Offerors wishing to submit files in any other format shall submit an inquiry to the Procurement Officer.

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3.2 Evidence of Intent to be Bound. The Offer and Acceptance form within the Solicitation shall be submitted with the Offer in the State’s eProcurement system and shall include a signature by a person authorized to sign the Offer. The signature shall signify the Offeror’s intent to be bound by the Offer and the terms of the Solicitation and that the information provided is true, accurate and complete. Failure to submit verifiable evidence of an intent to be bound, such as a signature, shall result in rejection of the Offer.

3.3 Exceptions to Terms and Conditions. All exceptions included with the Offer shall be submitted in the

State’s eProcurement system in a clearly identified separate section of the Offer in which the Offeror clearly identifies the specific paragraphs of the Solicitation where the exceptions occur. Any exceptions not included in such a section shall be without force and effect in any resulting Contract unless such exception is specifically accepted by the Procurement Officer in a written statement.

The Offeror’s preprinted or standard terms will not be considered by the State as a part of any resulting Contract.

3.3.1 Invitation for Bids. An Offer that takes exception to a material requirement of any part of the Solicitation, including terms and conditions, shall be rejected.

3.3.2 Request for Proposals. All exceptions that are contained in the Offer may negatively impact an Offeror’s susceptibility for award. An Offer that takes exception to any material requirement of the solicitation may be rejected.

3.4 Subcontracts. Offeror shall clearly list any proposed subcontractors and the subcontractor’s proposed responsibilities in the Offer.

3.5 Cost of Offer Preparation. The State will not reimburse any Offeror the cost of responding to a Solicitation.

3.6 Federal Excise Tax. The State is exempt from certain Federal Excise Tax on manufactured goods.

Exemption Certificates will be provided by the State.

3.7 Provision of Tax Identification Numbers. Offerors are required to provide their Arizona Transaction Privilege Tax Number and/or Federal Tax Identification number as part of the Offer.

3.7.1 Employee Identification. Offeror agrees to provide an employee identification number or social security number to the State for the purposes of reporting to appropriate taxing authorities, monies paid by the State under this Contract. If the federal identifier of the Offeror is a social security number, this number is being requested solely for tax reporting purposes and will be shared only with appropriate state and federal officials. This submission is mandatory under 26 U.S.C. § 6041A.

3.8 Identification of Taxes in Offer. The State is subject to all applicable state and local transaction privilege taxes. All applicable taxes shall be identified as a separate item offered in the Solicitation.

When applicable, the tax rate and amount shall be identified on the price sheet.

3.9 Disclosure. If the person submitting this Offer has been debarred, suspended or otherwise lawfully precluded from participating in any public procurement activity, including being disapproved as a subcontractor with any federal, state or local government, or if any such preclusion from participation from any public procurement activity is currently pending, the Offeror shall fully explain the circumstances relating to the preclusion or proposed preclusion in the Offer. The Offeror shall set forth the name and address of the governmental unit, the effective date of the suspension or debarment, the duration of the suspension or debarment, and the relevant circumstances relating to

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150 North 18th Ave, Suite 530 the suspension or debarment. If suspension or debarment is currently pending, a detailed description of all relevant circumstances including the details enumerated above shall be provided.

3.10 Delivery. Unless stated otherwise in the Solicitation, all prices shall be F.O.B. Destination and shall include all freight, delivery and unloading at the destination(s).

3.11 Federal Immigration and Nationality Act. By signing of the Offer, the Offeror warrants that both it and all proposed subcontractors are in compliance with federal immigration laws and regulations (FINA) relating to the immigration status of their employees. The State may, at its sole discretion require evidence of compliance during the evaluation process. Should the State request evidence of compliance, the Offeror shall have five (5) days from receipt of the request to supply adequate information. Failure to comply with this instruction or failure to supply requested information within the timeframe specified shall result in the Offer not being considered for contract award.

3.12 Offshore Performance of Work Prohibited. Any services that are described in the specifications or scope of work that directly serve the State or its clients and involve access to secure or sensitive data or personal client data shall be performed within the defined territories of the United States.

Unless specifically stated otherwise in the specifications, this paragraph does not apply to indirect or 'overhead' services, redundant back-up services or services that are incidental to the performance of the contract. This provision applies to work performed by subcontractors at all tiers. Offerors shall declare all anticipated offshore services in the Offer.

4. SUBMISSION OF OFFER

4.1 Offer Submission, Due Date and Time. Offerors responding to a Solicitation must submit the Offer electronically through the State’s eProcurement system. Offers shall be received before the due date and time stated in the solicitation. Offers submitted outside of the State’s eProcurement system or those that are received after the due date and time shall be rejected.

4.2 Offer and Acceptance. Offers shall include a signed Offer and Acceptance form. The Offer and

Acceptance form shall be signed with a signature by the person authorized to sign the Offer, and shall be submitted in the State’s eProcurement system with the Offer no later than the Solicitation due date and time. Failure to return an Offer and Acceptance form may result in rejection of the Offer.

4.3 Solicitation Amendments. A Solicitation Amendment shall be acknowledged in the State’s eProcurement system no later than the Offer due date and time. Failure to acknowledge a Solicitation Amendment may result in rejection of the Offer.

4.4 Offer Amendment or Withdrawal. An Offer may not be amended or withdrawn after the Offer due date and time except as otherwise provided under applicable law.

4.5 Confidential Information. If an Offeror believes that any portion of an Offer, protest, or correspondence contains a trade secret or other proprietary information, the Offeror shall clearly designate the trade secret and other proprietary information, using the term “confidential.” An Offeror shall provide a statement detailing the reasons why the information should not be disclosed including the specific harm or prejudice that may arise upon disclosure. The Procurement Officer shall review all requests for confidentiality and provide a written determination. Until a written determination is made, a Procurement Officer shall not disclose information designated as confidential except to those individuals deemed to have a legitimate State interest. In the event the Procurement Officer denies the request for confidentiality, the Offeror may appeal the determination to the State Procurement Administrator within the time specified in the written determination. Contract terms and

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150 North 18th Ave, Suite 530 conditions, pricing, and information generally available to the public are not considered confidential information.

4.6 Public Record. All Offers submitted and opened are public records and must be retained by the State for six years. Offers shall be open and available to public inspection through the State’s eProcurement system after Contract award, except for such Offers deemed to be confidential by the State.

4.7 Non-collusion, Employment, and Services. By signing the Offer and Acceptance form or other official contract form, the Offeror certifies that:

4.7.1 The Offeror did not engage in collusion or other anti-competitive practices in connection with the preparation or submission of its Offer; and

4.7.2 The Offeror does not discriminate against any employee or applicant for employment or person to whom it provides services because of race, color, religion, sex, national origin, or disability, and that it complies with an applicable federal, state and local laws and executive orders regarding employment.

5. EVALUATION

5.1 Unit Price Prevails. In the case of discrepancy between the unit price or rate and the extension of that unit price or rate, the unit price or rate shall govern.

5.2 Taxes. If the products and/or services specified require transaction privilege or use taxes, they shall be described and itemized separately on the Offer. Arizona transaction privilege and use taxes shall not be considered for evaluation.

5.3 Prompt Payment Discount. Prompt payment discounts of thirty (30) days or more set forth in an Offer shall be deducted from the Offer for the purpose of evaluating that price.

5.4 Late Offers. An Offer submitted after the exact Offer due date and time shall be rejected.

5.5 Disqualifications. An Offeror (including each of its principals) who is currently debarred, suspended or otherwise lawfully prohibited from any public procurement activity shall have its Offer rejected.

5.6 Offer Acceptance Period. An Offeror submitting an Offer under the Solicitation shall hold its Offer open for the number of days from the Offer due date that is stated in the Solicitation. If the Solicitation does not specifically state a number of days for Offer acceptance, the number of days shall be one hundred twenty (120). If a Best and Final Offer is requested pursuant to a Request for Proposals, an Offeror shall hold its Offer open for one hundred twenty (120) days from the Best and Final Offer due date.

5.7 Waiver and Rejection Rights. Notwithstanding any other provision of the Solicitation, the State reserves the right to:

5.7.1 Waive any minor informality;

5.7.2 Reject any and all Offers or portions thereof; or

5.7.3 Cancel the Solicitation.

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150 North 18th Ave, Suite 530

6. AWARD

6.1 Number of Types of Awards. The State reserves the right to make multiple awards or to award a Contract by individual line items or alternatives, by group of line items or alternatives, or to make an aggregate award, or regional awards, whichever is most advantageous to the State.

6.2 Contract Inception. An Offer does not constitute a Contract nor does it confer any rights on the

Offeror to the award of a Contract. A Contract is not created until the Offer is accepted in writing by the Procurement Officer’s signature on the Offer and Acceptance form. A notice of award or of the intent to award shall not constitute acceptance of the Offer.

6.3 Effective Date. The effective date of the Contract shall be the date that the Procurement Officer signs the Offer and Acceptance form or other official contract form, unless another date is specifically stated in the Contract.

7. PROTESTS

A protest shall comply with and be resolved according to Arizona Revised Statutes Title 41, Chapter 23, Article 9 and rules adopted thereunder. Protests shall be in writing and be filed with both the Procurement Officer of the purchasing agency and with the State Procurement Administrator. A protest of the Solicitation shall be received by the Procurement Officer before the Offer due date. A protest of a proposed award or of an award shall be filed within ten (10) days after the Procurement Officer makes the procurement file available for public inspection. A protest shall include:

7.1 The name, address, email address and telephone number of the interested party;

7.2 The signature of the interested party or its representative;

7.3 Identification of the purchasing agency and the Solicitation or Contract number;

7.4 A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and

7.5 The form of relief requested.