Rfp 18-01 rmd-insurance Broker and Related Consulting Services

12. REQUEST TO MODIFY THE CONTRACT PROVISIONS:

A response to any Request for Proposal is an offer to contract with the City based upon the contract provisions contained in the City’s Request for Proposal, including, but not limited to, the specifications, scope of work and any terms and conditions. Proposers who wish to propose modifications to the contract provisions must submit a “Request for Consideration of Alternate Terms.” The written request for modification must be received by the Department contact listed on the front of this solicitation, by the due date and time listed for “Offeror’s Written Inquiries.” The City may issue an addendum to this solicitation of any approved specification changes. The provisions of the Request for Proposal cannot be modified without the express written approval of the Director or Director’s designee. If a proposal or offer by Proposer is returned with modifications to the contract; the contract provisions contained in the City’s Request for Proposal shall prevail unless the Proposer’s proposed alternative provisions are expressly approved in writing by the Director or designee.

13. PUBLIC RECORD:

All Offers submitted in response to this invitation will become the property of the City and become a matter of public record available for review pursuant to Arizona State law.
14. CONFIDENTIAL INFORMATION:

If a Proposer believes that a specific section of its Offer response is confidential, the Proposer will isolate the pages marked confidential in a specific and clearly labeled section of its Offer response. A Proposer may request specific information contained within its Offer is treated by the Contract Representative as confidential provided the Proposer clearly labels the information “confidential.” To the extent necessary for the evaluation process, information marked as “confidential” will not be treated as confidential. Once the procurement file becomes available for public inspection, the Contract Representative will not make any information identified by the Proposers as “confidential” available to the public unless necessary to support the evaluation process or if specifically requested in accordance with applicable public records law. When a public records request for such information is received, the Contract Representative will notify a Proposer in writing of any request to view any portion of its Offer marked “confidential.” The Proposer will have the time set forth in the notice to obtain a court order enjoining such disclosure. If the Proposer does not provide the Contract Representative with a court order enjoining release of the information during the designated time, the Contract Representative will make the information requested available for inspection.

15. WITHDRAWAL OF OFFER

At any time prior to the solicitation due date and time, a proposer (or designated representative) may withdraw the proposal by submitting a request in writing and signed by a duly authorized representative. Facsimile, email, telegraphic or mailgram withdrawals shall not be considered.

16. PRICE

All prices submitted shall be firm and fixed for the period stated in Section VI.

17. PROPOSAL RESULTS

Proposals will be opened on the proposal due date, time and location indicated in the Schedule of Events at which time the name of each offeror shall be read. Proposals and other information received in response to the Request for Proposal shall be shown only to authorized City personnel having a legitimate interest in them or persons assisting the City in the evaluation. Proposals are not available for public inspection until after award recommendation has been posted on the City’s website. Staff recommendations to award the contract(s) to a bidder or offeror shall be posted on http://phoenix.gov at the same page where the RFP was listed.

18. PROTEST PROCESS

Proposer may protest the contents of a solicitation no later than seven days before the solicitation deadline when the protest is based on an apparent alleged mistake, impropriety or defect in the solicitation. Protests filed regarding the solicitation may be addressed by an amendment to the solicitation or denied by the City. If denied, the opening and award will proceed unless the City determines that it is in the City’s best interests to set new deadlines, amend the solicitation, cancel or re-bid. Therefore, unless otherwise notified by a formal amendment, the Protester must adhere to all solicitation dates and deadlines, including timely filing of an offer, regardless of filing a protest.
Proposer may protest an adverse determination issued by the City regarding responsibility and responsiveness, within seven days of the date the Proposer was notified of the adverse determination.

Proposer may protest an award recommendation if the Proposer can establish that it had a substantial chance of being awarded the contract and will be harmed by the recommended award. The City will post recommendations to award the contract(s) to a particular Proposer on the City’s website. Proposer must submit award protests within seven days after the posting of the award recommendation, with exceptions only for good cause shown, within the City’s full and final discretion.

All protests will be in writing, filed with the Contract Representative identified in the solicitation, and include the following:

Identification of the solicitation number;

The name, address and telephone number of the protester

A detailed statement describing the legal and factual grounds for the protest, including copies of relevant documents;

The form of relief requested; and

The signature of the protester or its authorized representative.

The City will render a written decision within a reasonable period after the protest is filed. The City will not request City Council authorization to award the contract until the protest process is complete. All protests and appeals must be submitted in accordance with the City’s Procurement Code, (Phoenix City Code, Ch. 43), and administrative regulations and any protests or appeals not submitted within the time requirements will not be considered.