STATE OF ARKANSAS

DEPARTMENT OF SHARED ADMINISTRATIVE SERVICES

OFFICE OF STATE PROCUREMENT

501 Woodlane St., Ste. 220

Little Rock, Arkansas 72201-1023

INVITATION FOR BID

SOLICITATION DOCUMENT

SOLICITATION INFORMATION

Solicitation Number: S000000470 Solicitation Issued: November 3, Description: CPR and First Aid Training and Certification

Department: Statewide

BID DUE DATE AND DELIVERY OF BIDS

Bid Response Due Date: December 4, 2025 Time: 2:00 p.m., Central Time

Bid responses for this Invitation for Bid must be submitted through ARBuy, the State’s eProcurement system, by the Bid Response Due Date and Time. Bids received after the Bid Response Due Date and Time will be rejected as untimely. ARBuy can be accessed at arbuy.arkansas.gov.

LIVE BID OPENING INFORMATION

Teams Meeting Link: Join the meeting now

Meeting ID: 223 210 883 581 0 Passcode: G9wt9KM6 Call in (audio only): +1 501-244-3310,,166248620# or find a local number Phone conference ID: 166 248 620#

SAS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

SAS OSP Procurement Specialist:

Wendy Hickok Procurement Specialist’s Direct Phone Number:

501-324-9314

Email Address: Wendy.hickok@arkansas.gov SAS OSP’s Main Number: 501-324-9316

SAS OSP Website: sas.arkansas.gov/procurement/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_ODA3NjEwNGQtNmY0Mi00MjBmLTgzMDUtMDllYzFmMDdmMDlm%40thread.v2/0?context=%7b%22Tid%22%3a%225ec1d8f0-cb62-4000-b327-8e63b0547048%22%2c%22Oid%22%3a%229366d6e8-d352-4f8a-878a-9c24d9253d67%22%7d https://dialin.teams.microsoft.com/6b6513dc-a034-48d2-8d06-7e711c4ecc0b?id=719036839 mailto:Wendy.hickok@arkansas.gov

SECTION 1 – INFORMATION AND INSTRUCTIONS

1.1 INTRODUCTION

This Invitation for Bid (IFB) is issued by the SAS Office of State Procurement (SAS OSP) for the State to obtain pricing and a contract for adult and pediatric Cardiopulmonary Resuscitation (CPR) and First Aid Training and Certification Services.

Direct all correspondence regarding this Solicitation to SAS OSP.

1.2 OBJECTIVE AND GOALS

The State seeks to establish on-site adult and pediatric CPR and First Aid Training and Certification contracts for each of five (5) regions across the State (see Table A). Contracts would be established for use by Arkansas state agencies, educational institutions, and local public procurement units (cities, counties, municipalities) (herein collectively referred to as “Eligible Purchasers” or “Purchasing Entities”) throughout those five (5) regions.

State reserves the right to award a contract to a single contractor in each of the following regions, including the right to award to the same contractor for multiple regions, in any or all of the five (5) regions listed below (corresponding counties as specified in Table A):

A. Northwest Arkansas

B. Northeast Arkansas

C. Central Arkansas

D. Southeast Arkansas

E. Southwest Arkansas

TABLE A: SERVICEABLE COUNTIES

Northwest Region

Northeast Region Central Region Southeast Region

Southwest Region

Baxter Clay Faulkner Arkansas Calhoun Benton Cleburne Garland Ashley Clark Boone Craighead Grant Bradley Columbia Carroll Crittenden Lonoke Chicot Dallas Conway Cross Perry Cleveland Hempstead Crawford Fulton Pulaski Desha Hot Springs Franklin Greene Saline Drew Howard Johnson Independence Jefferson Lafayette Logan Izard Lee Little River Madison Jackson Lincoln Montgomery Marion Lawrence Monroe Miller Newton Mississippi Phillips Nevada Pope Poinsett Prairie Ouachita Searcy Randolph St. Francis Pike Sebastian Sharp Polk Scott Stone Sevier Van Buren White Union Washington Woodruff

Northwest Region

Northeast Region Central Region Southeast Region

Southwest Region

Yell

1.3 TYPE OF CONTRACT

A. As a result of this IFB, SAS OSP may award a contract to multiple Contractors (see Contractor Selection).

B. The anticipated starting date for any resulting contract is January 1, 2026, except that the actual contract start date may be adjusted unilaterally by the State for up to three (3) calendar months. By submitting a signed bid in response to the IFB, the Prospective Contractor represents and warrants that it will honor its bid as being held open as irrevocable for this period.

C. The initial term of a resulting contract will be for one (1) year. Upon mutual agreement by the Contractor and the State, the contract may be renewed by SAS OSP for up to six (6) additional one-year terms or portions thereof, not to exceed a total aggregate contract term of seven (7) consecutive years.

1.4 CONTRACT ENGAGEMENT

A. Eligible Purchasers requesting services will attempt to notify the Contractor at least five (5) business days prior to requested start date of instruction.

B. The Contractor shall schedule training at times and locations designated by the Purchasing Entity.

C. The Contractor shall provide at least seventy-two (72) hours advance notice to the Purchasing Entity in the event of cancellation of a prescheduled class, or as otherwise requested by the purchasing Entity.

D. Class duration may be up to eight (8) hours each day, up to two (2) consecutive days.

E. Class size may vary according to Purchasing Entity’s business need.

1.5 DEFINITION OF TERMS

A. Unless otherwise defined herein, all terms defined in Arkansas Procurement Law have the same meaning herein.

B. The terms “Invitation for Bid,” “IFB,” and “Solicitation” are used synonymously in this document.

C. “Prospective Contractor” means a responsive and responsible bidder who submits a bid that meets the Requirements and criteria set forth in this Solicitation.

D. “Requirement” means a term, condition, provision, deliverable, Specification, or a combination thereof, that is obligated under the Solicitation, resulting contract, or both.

E. “Shall” and “must” mean the imperative and are used to identify Requirements and Specifications.

F. “Specification” means any technical or purchase description or other description of the physical or functional characteristics, or of the nature, of a commodity or service. “Specification” may include a description of any Requirement for inspecting, testing, or preparing a commodity or service for delivery.

G. “State” means the State of Arkansas. When the term “State” is used herein to reference any obligation of the State under a contract that results from this Solicitation, that obligation is limited to the Department using such a contract.

1.6 CONTRACTOR SELECTION

A. Award is expected to be made to the lowest bidding responsive and responsible Prospective

Contractor for each region, based on the Total Cost of the Official Solicitation Price Sheet submitted by the Prospective Contractor(s).

B. If the State chooses, negotiations may be conducted with the lowest-bidding, responsive and responsible Prospective Contractor if:

1. All bids received from responsive and responsible bidders exceed available funding; or

2. It appears that additional savings to the state may result from negotiation.

C. If negotiations fail to result in a contract, the State may negotiate with the next lowest-bidding, responsive and responsible Prospective Contractor.

D. The negotiation process may be repeated until an acceptable lower bid price is negotiated, or until such time the State determines negotiations are no longer in the best interest of the state.

E. Negotiations are conducted at the sole discretion of the State.

F. Once the anticipated awardee has been determined, the anticipated award will be posted to ARBuy, generally for a period of fourteen (14) days prior to the issuance of a contract. The postings are anticipated awards only, subject to protest.

1. A contract is not effective prior to final award being made by the State; some contracts may be subject to Legislative review prior to final award.

1.7 CLARIFICATION OF SOLICITATION

A. Submit questions regarding this Solicitation via the Solicitation posting in ARBuy by midnight, Central

Time on or before November 11, 2025.

1. For each question submitted, Prospective Contractor should reference the specific Solicitation item number to which the question refers, as applicable.

2. Prospective Contractor’s written questions will be consolidated and answered by the State as deemed appropriate. The State’s consolidated written response is anticipated to be posted to the Solicitation posting in ARBuy by the close of business on November 13, 2025. If Prospective Contractor questions are unclear or non-substantive in nature, the State may request clarification of a question(s) or decline to answer.

B. The Prospective Contractor should notify the SAS OSP Procurement Specialist of any term, condition, etc., that precludes the Prospective Contractor from submitting a Responsive Bid.

C. Prospective Contractors should note that it is the responsibility of the Prospective Contractor to seek resolution of all such issues, including those relating to the terms and conditions of the contract, prior to the submission of a bid.

D. Prospective Contractors may contact the SAS OSP Procurement Specialist with non-substantive questions at any time prior to the bid opening.

E. An oral statement by SAS OSP will not be part of any contract resulting from this Solicitation and may not reasonably be relied on by any Prospective Contractor as an aid to interpretation unless it is reduced to writing and expressly adopted by SAS OSP.

1.8 RESPONSE DOCUMENTS

A. All bids must be submitted through ARBuy, the State’s eProcurement system. The system can be accessed at arbuy.arkansas.gov.

1. Prospective Contractors must be registered in ARBuy to submit bids.

B. Bid Response Packet

1. Prospective Contractors shall utilize the Bid Response Packet attached to the Solicitation in ARBuy to submit their bids.

2. The following are bid submission Requirements and must be submitted as part of a Prospective Contractor’s bid.

https://arbuy.arkansas.gov/

a. Signed Bid Signature Page; signature may be ink or digital.

b. Completed Bid Response Packet, which must be in English.

c. Completed Official Solicitation Price Sheet attached to Solicitation posting.

i. Pricing must be proposed in U.S. dollars and cents.

ii. Quantities stated are estimates only and are not guaranteed. Prospective Contractor must bid unit price on the estimated quantity and unit of measure specified.

• The State may order more or less than the estimated quantity on term contracts, and the Contractor shall sell to the Department quantities ordered at no more than the bid price.

iii. If pricing documents do not allow for accurate pricing, Prospective Contractor should notify the SAS OSP Procurement Specialist during the Clarification of Solicitation period (see IFB Section 1.7).

iv. Prices must be firm offers and adjustments may be negotiated at the time of contract renewal.

• A request for a price increase must include supporting documentation demonstrating that the increase in contract price is based on an increased cost to the Contractor and that the proposed pricing is still competitive in the marketplace. The State has the right to approve or deny any request for a price adjustment.

v. Discount from list bids pricing is not acceptable unless requested elsewhere in the Solicitation.

vi. State and local sales taxes should not be included in the bid price. Trade discounts should be deducted from the unit price, and the net price should be shown in the bid.

d. Copy of Prospective Contractor’s Equal Opportunity Policy

i. Pursuant to Arkansas Code Annotated § 19-60-104, OSP requires a Prospective Contractor bidding on a state contract to submit a copy of the Prospective Contractor’s Equal Opportunity (EO) Policy. Prospective Contractors not required by law to have an EO Policy must submit a written statement to that effect.

e. Proposed Subcontractors Form (see SRV-1)

3. The following items, which must be submitted prior to a contract award to the Prospective Contractor, may also be included with the Prospective Contractor’s bid response:

a. EO 98-04 Contract & Grant Disclosure Form (see SRV-1)

4. Prospective Contractors should not include any other documents or ancillary information, such as a cover letter or promotional marketing information.

a. Prospective Contractors should not alter any language in Solicitation document(s) or Official Solicitation Price Sheet provided by the State.

b. Prospective Contractors’ bids cannot be altered or amended after the bid opening except as permitted by law or rule.

c. As requested, Prospective Contractors shall provide clarification regarding Prospective Contractor’s bid response.

C. Prospective Contractors may submit multiple bids.

https://sas.arkansas.gov/procurement/forms-and-reporting/#%3A%7E%3Atext%3DServices%20Contract%20(SRV%2D1)%20Fillable%20Form https://sas.arkansas.gov/procurement/forms-and-reporting/#%3A%7E%3Atext%3DServices%20Contract%20(SRV%2D1)%20Fillable%20Form

SECTION 2 – SPECIFICATIONS AND REQUIREMENTS

2.1 MINIMUM PROSPECTIVE CONTRACTOR QUALIFICATIONS

A. The Prospective Contractor shall have a minimum of three (3) years of experience providing adult and pediatric CPR and first aid training and certification over the past seven (7) years.

B. The Prospective Contractor must be certified in adult and pediatric CPR and first aid and shall provide proof of certification upon request of Purchasing Entity.

2.2 GENERAL REQUIREMENTS

A. The Contractor shall provide adult and pediatric CPR and first aid training and certification consistent with standards established by the American Heart Association, the American Red Cross, the National Safety Council, or another nationally recognized organization that uses current, evidence-based emergency cardiac care and first aid guidelines and standards.

B. The Contractor shall provide on-site, instructor-led, Americans with Disabilities Act (ADA) compliant, and hands-on CPR and first aid training and certification for each of the class types below:

1. Adult and pediatric training and certification

2. Adult and pediatric training and certification for instructors and training providers

3. Adult and pediatric recertification or certification renewal training

C. The Contractor shall schedule training at times and places designated by the Purchasing Entity.

1. The Contractor shall provide at least seventy-two (72) hours advance notice to the Purchasing Entity in the event of cancellation of a prescheduled class.

D. The Contractor shall supply all materials, hard copy or digital, necessary for training and certification including, but not limited to:

1. Current and updated training manuals, textbooks, handouts and tests

2. Current and updated student workbooks

3. Current and updated instructor training manuals

4. Any additional materials necessary to teach the course

E. The Contractor shall supply all equipment, in good working condition, necessary for training and certification including, but not limited to:

1. Adult and pediatric CPR mannequins and dummies

2. Personal protection supplies, including gloves and face shields, at a minimum

3. Disposable resuscitators

4. AEDs for hands-on learning

5. First aid training kits

6. Any additional equipment necessary to teach the course

2.3 CPR AND FIRST AID TRAINING AND CERTIFICATION REQUIREMENTS

A. The Contractor shall provide adult and pediatric training and certification for Purchasing Entity staff and the general public, some of whom have little or no previous medical training. The general public may include, but is not limited to:

1. Potential and current foster parents

2. Students

B. The Contractor shall provide techniques and education for adult and pediatric CPR and first aid that includes, at a minimum, all requirements specified by the certifying organization for participants to obtain certification.

2.4 CPR AND FIRST AID TRAINING AND CERTIFICATION FOR INSTRUCTORS AND TRAINING

PROVIDERS REQUIREMENTS

A. The Contractor shall provide comprehensive adult and pediatric CPR and first aid instructor development training and certification, sometimes referred to as “Train the Trainer” sessions, to prepare selected staff to teach and certify others.

B. The Contractor shall require that participants have a current certification in adult and pediatric CPR and first aid training.

C. The Contractor shall provide course materials, hard copy or digital, necessary for instructors to lead beginners through certification.

2.5 CERTIFICATION REQUIREMENTS

A. The Contractor shall issue a Certification Card to participants successfully completing the course requirements.

B. The Certification Card, whether a wallet card or a digital card, must be available within five (5) days of successful completion of course, or as otherwise issued by the certifying organization.

C. The Contractor shall issue an Instructor Certification Card, upon successful completion of CPR and First Aid Training for Instructors and Training Providers.

D. The Contractor shall maintain instructor files as required by the American Heart Association, American Red Cross, National Safety Council, or other nationally recognized organization that uses current, evidence-based cardiac care standards and provide copies to the Purchasing Entity upon request.

E. The Contractor shall maintain the confidentiality of all records per applicable laws, rules, and the certifying organization’s policies.

2.6 RECERTIFICATION REQUIREMENTS

A. The Contractor shall provide abbreviated adult and pediatric CPR and first aid recertification training, consistent with standards established by the American Heart Association, American Red Cross, National Safety Council, or another nationally recognized organization that uses current, evidence-based cardiac care guidelines.

B. The Contractor shall issue Recertification Cards upon successful completion of the abbreviated recertification training, provided the participant has a Certification Card that is currently valid.

1. Recertification Cards shall be valid for two (2) years from date of issue.

2. The Recertification Card may be a traditional wallet card or a digital card that is available to participants for download.

a. The Recertification Card, whether a wallet card or a digital card, must be available within five

(5) days of successful completion of course.

C. The Contractor shall maintain instructor files as required by the American Heart Association, American Red Cross, National Safety Council, or other nationally recognized organization that uses current, evidence-based cardiac care standards and provide copies to the Purchasing Entity upon request.

2.7 TRAVEL REQUIREMENTS

A. The Contractor shall provide training at a designated time and place, as determined by the

Purchasing Entity.

1. The Contractor(s) shall be able to provide in-person training services to the serviceable counties in the region(s) awarded, per Table A.

B. The Contractor shall provide pricing on the Official Solicitation Price Sheet that is inclusive of travel.

2.8 PERFORMANCE STANDARDS

A. State law requires that contracts for services include Performance Standards for measuring the overall quality of services that a Contractor shall provide.

B. The State may be open to negotiations of Performance Standards prior to contract award, prior to the commencement of services, or at times throughout the contract duration. Table B: Performance Standards identifies expected deliverables, performance measures, or outcomes; and defines the acceptable standards.

C. Performance Standards shall not be amended unless they are agreed to in writing and signed by the parties.

D. Failure to meet the minimum Performance Standards as specified will result in the assessment of damages.

E. In the event a Performance Standard is not met, the Contractor will have the opportunity to defend or respond to the insufficiency. The State has the right to waive damages if it determines there were extenuating factors beyond the control of the Contractor that hindered the performance of services. In these instances, the State has final determination of the performance acceptability.

F. Should any compensation be owed to the Department due to the assessment of damages, the Contractor shall follow the direction of the Department regarding the required compensation process.

TABLE B: PERFORMANCE STANDARDS

Criteria Standard Damages

Training

Contractor completes all training and certification consistent with the guidelines set forth in the IFB.

$300 for each calendar day out of compliance.

Contractor will credit damages to the submitted invoice.

Certification

Contractor provides certification to eligible participants consistent with the guidelines set forth in the IFB.

$100 for each calendar day out of compliance.

Contractor will credit damages to the submitted invoice.

SECTION 3 – SOLICITATION TERMS AND CONDITIONS

3.1 ACCEPTANCE OF REQUIREMENTS

A. A Prospective Contractor’s past performance with the State may be used to determine if the Prospective Contractor is responsible (19-CAR § 1-401).

1. Bids submitted by Prospective Contractors determined to be non-responsible will be rejected.

B. A single Prospective Contractor must be identified as the prime contractor.

1. The prime Contractor shall be responsible for the resulting contract and jointly and severally liable with any of its subcontractors, affiliates, or agents to the State for the performance thereof.

C. By submitting a bid, the Prospective Contractor represents and warrants:

1. That the prices in the bid have been arrived at independently, without any collusion with another competing Prospective Contractor.

a. Collusion violates Arkansas Procurement Law and can lead to suspension, debarment, and can be referred to the Attorney General’s officer for investigation and appropriate legal action (Arkansas Code Annotated § 19-61-403 and 19-61-702).

2. That the Prospective Contractor has not retained a person to solicit or secure the resulting contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies maintained by the Prospective Contractor for the purpose of securing business.

3. Qualifications, services, and commodities must meet or exceed the required Specifications as set forth in the Solicitation.

3.2 GENERAL TERMS AND CONDITIONS

A. The Contractor must be registered as a vendor to receive payment and may register online by visiting ark.org/vendor/index and clicking the Start Here button.

B. All payments to the Contractor under a resulting contract shall be made exclusively through ACH (Automated Clearing House) direct deposit.

1. The Contractor shall provide the necessary banking information, including account number, routing number, and any other details required to facilitate ACH direct deposits.

2. The Contractor shall be responsible for ensuring that the provided banking information is accurate and up to date. Any delays or errors in payment caused by incorrect or outdated information provided by the Contractor shall not be the responsibility of the Department.

3. The Department will process payments according to the agreed payment schedule, and all payments made via ACH direct deposit shall be considered as duly received upon successful transmission to the Contractor’s designated bank account.

C. Pursuant to Arkansas State Procurement Law, the Contractor shall certify that, unless they offer to provide the goods or services for at least twenty percent (20%) less than the lowest certifying Prospective Contractor:

1. They are not engaged in and shall not, during the aggregate term of the resulting contract, engage in a boycott of Israel (Arkansas Code Annotated § 25-1-503),

2. They are not engaged in and shall not, during the aggregate term of the resulting contract, engage in a boycott of an Energy, Fossil Fuel, Firearms, or Ammunition Industry (Arkansas Code Annotated § 25-1-1102).

D. Pursuant to Arkansas Procurement Law, the Contractor shall certify that the Contractor does not knowingly employ or contract with illegal immigrants and that the Contractor shall not knowingly https://www.ark.org/vendor/index.html?_ga=2.231672543.1782009942.1693919943-292160598.1646079585 employ or contract with illegal immigrants during the aggregate term of any contract with the State or any of its departments, institutions, or political subdivisions (Arkansas Code Annotated § 19-60-105).

E. The Prospective Contractor shall certify that they are not a company owned in whole or with a majority ownership by the government of the People's Republic of China (a “Scrutinized Company”) and that they do not and shall not during the aggregate term of the resulting contract employ a Scrutinized Company as a contractor (Arkansas Code Annotated § 25-1-1203).

F. The Contractor shall invoice the State as required by the Department and should not invoice the State in advance of delivery and acceptance of any commodities or services (Arkansas Code Annotated § 19-4-1206).

1. The Contractor should invoice the agency by an itemized list of charges. The Department’s purchase order number and/or the contract number should be referenced on each invoice.

2. Payment will be made in accordance with applicable State of Arkansas accounting procedures upon acceptance of commodities and services by the Department.

3. Payment will be made only after the Contractor has successfully satisfied the Department as to the reliability and effectiveness of the commodities or services purchased as a whole.

G. The Contractor should be able to accept the State’s authorized VISA Procurement Card (p-card) as a method of payment. Price changes or additional fee(s) must not be levied against the State when accepting the p-card as a form of payment.

H. This IFB incorporates all terms of the Services Contract (SRV-1) Fillable Form (found here).

1. The contract template is attached to the Solicitation in ARBuy as a sample for your information only.

I. A Prospective Contractor’s bid may be rejected if a Prospective Contractor takes exception to any terms, conditions, or Requirements in this IFB.

J. The Prospective Contractor agrees and shall adhere to all terms, conditions, and Requirements if selected as the Contractor.

1. Items may only be modified if the legal requirement is satisfied and approved by the State during negotiations.

K. Pursuant to Arkansas State Procurement Law, the Contractor shall in all other respects comply with the laws, rules, and executive orders of the state that apply to the Contractor’s performance under a resulting contract.

3.3 PROPRIETARY INFORMATION

A. The release of public records is governed by the Arkansas Freedom of Information Act (Arkansas

Code Annotated § 25-19-101 et. seq.).

B. Submission documents pertaining to the Solicitation become the property of the State and may be subject to the Arkansas Freedom of Information Act (FOIA).

C. In accordance with FOIA, and to promote maximum competition in the State competitive sealed bidding, the State may maintain the confidentiality of certain types of information described in FOIA.

Such information may include trade secrets and other information exempted from public disclosure pursuant to FOIA.

D. Under no circumstances will pricing information submitted in response to an invitation for sealed bids be designated as confidential after the sealed bids have been opened.

E. Consistent with and to the extent permitted under FOIA, any Prospective Contractor may designate appropriate portions of a bid as confidential by submitting a redacted copy of the bid. By so redacting any information contained in the bid, the Prospective Contractor warrants that, after having received https://sas.arkansas.gov/procurement/forms-and-reporting/#%3A%7E%3Atext%3DServices%20Contract%20(SRV%2D1)%20Fillable%20Form such necessary or proper review by counsel or other knowledgeable advisors, it has formed a good faith opinion that the portions redacted are not considered public records under FOIA.

F. If a Prospective Contractor deems part of the information contained in a response not to be a public record, the Prospective Contractor should submit one (1) complete copy of the submission documents from which any proprietary or confidential information has been redacted in their bid response. Except for the redacted information, the redacted copy must be identical to the original copy, reflecting the same pagination as the original and showing the space from which information was redacted.

G. The Prospective Contractor is responsible for identifying all proprietary information and for ensuring the electronic copy is protected against restoration of redacted data.

H. The redacted copy will be open to public inspection under the FOIA without further notice to the Prospective Contractor. If the State deems redacted information to be subject to a public record request under FOIA, the State will endeavor to notify the Prospective Contractor prior to release of the redacted record.

I. The State has no liability to a Prospective Contractor with respect to the disclosure of Prospective Contractor’s confidential or proprietary information ordered by a court of competent jurisdiction pursuant to FOIA or other applicable law.

3.4 CONVENIENCE FEE

A. Convenience Fee

The Contractor shall remit a convenience fee in the amount of one percent (1%) of all Contract Sales made to State, Departments, and to local entities as defined in Arkansas Code Annotated § 19-61- 801 (i.e., local governments, cities, counties, school districts, water districts, and other participants, collectively “State”). The convenience fee is based on the Contractor invoice date and is effective upon the date of execution of the Contract. Contract Sales is defined as gross sale amounts less credits, taxes, regulatory fees, and separately stated shipping charges not included in the unit prices.

The State, at its sole discretion, may expand the applicability of this fee after providing notice to Contractors.

Unit prices are inclusive of the convenience fee and the Contractor is not to charge the fee directly to the State in the form of a separate line item. Contracts shall not have separate or different prices for Department customers and local entities as defined in Arkansas Code Annotated § 19-61-801 participants.

B. Quarterly Reporting and Fee Remittance

The Contractor shall submit a Sales Report documenting all contract sales, made to State and such submission, including any supplemental information submitted, is deemed public record.

The Sales Report shall be submitted, and the related convenience fee shall be remitted no later than thirty (30) calendar days after the end of each calendar quarter. The calendar quarters will end March 31, June 30, September 30, and December 31. The Sales Report must contain the following information:

1. Complete and accurate details of all sales, credits, returns, refunds, and the like for the reporting quarter

2. Purchasing entity

3. Total of Convenience Fee amount due

4. Such other information as the State may reasonably request

5. If no Sales were made to State during the reporting quarter, then a report shall be submitted showing zero sales and zero convenience fees due.

C. Payment of Convenience Fee

The Contractor shall timely remit Convenience Fee via Automated Clearing House (ACH) transactions, unless otherwise directed by State, to the bank account directed by the State. Failure to remit convenience fees timely and accurately in accordance with State requirements may result in the Contractor’s commodities and services being made ineligible for purchase by State or any other recourse available, including contract cancellation, or as further provided for by law.

D. Retention and Inspection of Records

The Contractor shall keep records of Sales to State in sufficient detail to enable the State to determine the Convenience Fee payable by the Contractor. State may examine and audit, at its own expense, the Contractor’s sales records and Sales Reports for completeness and accuracy. In the event that such examination reveals underpayment of the Convenience Fee, the Contractor shall immediately pay to the State the amount of deficiency. If the examination reveals an underpayment of 5% or more, then the Contractor shall reimburse the State for the cost of the audit.