Translation and Interpretation Confidentiality Determination Response.docx

DOCX document 35 KB Posted

Attached to
Foreign Language Interpretation and Translation Services
Solicitation number
BPM005633
Issued by
Arizona

About this file

This is a Confidentiality Determination Response issued by the Arizona Department of Administration, State Procurement Office, in response to a confidentiality claim submitted by Translation & Interpretation Network, LLC regarding Request for Proposal #BPM005385 for Foreign Language Interpretation and Translation Services. The determination addresses the vendor's attempt to classify pricing documents as confidential. The State Procurement Office clarified that pricing information submitted on Solicitation Attachment 13_Pricing Sheet and pricing entered into the APP system must remain public, as this information is necessary for purchase order creation, invoice payment processing, and cost evaluation during the proposal evaluation process.

The determination specifically rejected the vendor's confidentiality claims for both the "Confidential - Supplement - Pricing Document" and the "Confidential - Supplement - Pricing Document Notes," citing Arizona Administrative Code R2-7-103 and the solicitation instructions that require pricing to be submitted through the designated pricing sheet with no negotiation permitted. The State noted that pricing outside the scope of work cannot be included in the proposal and informed the vendor that they may withdraw their bid if they do not agree with these terms. The determination was issued on January 18, 2024, and remains effective unless otherwise modified or revoked.

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Text version

Katie Hobbs Governor

Elizabeth Alvarado-Thorson Cabinet Executive Officer Executive Deputy Director

ARIZONA DEPARTMENT OF ADMINISTRATION

STATE PROCUREMENT OFFICE

1802 WEST JACKSON STREET • NUMBER 100

PHOENIX, ARIZONA 85007

(602) 542-5511

Confidentiality Determination Pg. 2

January 18, 2024

Brian Newbie Translation & Interpretation Network, LLC 249 W Thornhill Dr Fort Worth TX 76115

Kellie Guinn Paralegal

CANTEY HANGER LLP

Cantey Hanger Plaza 600 West 6th Street, Suite 300 Fort Worth, Texas 76102-3685

Sent via Email to: kguinn@canteyhanger.com and bnewby@canteyhanger.com

Re: Determination of Confidential Documents Response Request for Proposal #BPM005385 – Foreign Language Interpretation and Translation Services

Dear Mr. Newbie and Ms. Guinn, Thank you for your response and consideration. Please keep in mind that, in accordance with A.A.C. R2-7-103, contract terms and conditions, pricing, and information generally available to the public are not considered confidential information.

Concerning document “Confidential – Supplement – Pricing Document”:

Please reference BPM005633 Solicitation Instructions. Section 4.3 states “The Offerer is required to:

1) Fill out their pricing proposal on Solicitation Attachment 13_Pricing Sheet, and

2) Fill out Pricing in APP.”

The pricing in APP is openly available to the public and is required in order for purchase orders to be created and invoices to be paid. Therefore this information is public.

Please also not that in BPM005633 Solicitation Instructions section 6.5, cost is included in the evaluation criteria. Without making this information public, Translation & Interpretation Network, LLC cannot be considered for the evaluation of cost. Attachment 13 Pricing Document is a public document as was cited in Translation and Interpretation Confidentiality Determination sent out on 1/4/24.

Concerning the document “Confidential - Supplement - Pricing Document Notes” please reference the above section 4.3. Pricing may not go outside of the pricing sheet. Pricing is not negotiable as is stated in your notes document and any other services Translation & Interpretation Network, LLC may provide that are outside the Scope of Work may not be included in your proposal.

Translation & Interpretation Network, LLC may withdraw their bid from consideration if they do not agree with these terms.

This Determination is effective and shall remain in effect unless otherwise modified or revoked.

If there are any questions regarding this, please contact me at stephanie.stevens@azdoa.gov.

Sincerely, Stephanie Stevens

Statewide Procurement Manager Professional Services & Commodities image1.png

File details come from the government source that posted it. Updated .