IFB ADH Compressed Labratory Gas Revised.docx

STATE OF ARKANSAS

DEPARTMENT OF TRANSFORMATION AND SHARED SERVICES

OFFICE OF STATE PROCUREMENT

501 Woodlane St., Ste. 220 Little Rock, Arkansas 72201-1023

INVITATION FOR BID

SOLICITATION DOCUMENT

SOLICITATION INFORMATION

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Bid responses for this Invitation for Bid must be submitted through ARBuy, the State’s eProcurement system. It can be accessed at https://arbuy.arkansas.gov. Bids received after the submission deadline may be rejected as untimely. See section 1.2 for information regarding Live Bid Openings.

TSS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

SECTION 1 – REQUIREMENTS

· Do not provide responses to items in this section unless specifically and expressly required.

1.1 INTRODUCTION

This Invitation for Bid (IFB) is issued by the TSS Office of State Procurement (TSS OSP) for the Arkansas Department of Health (ADH) Public Health Laboratory to obtain pricing and a contract for Compressed Laboratory Gas – Cylinders and Micro-Bulk. Direct all questions, comments, or concerns you may have regarding this solicitation to the TSS Office of State Procurement, not the Arkansas Department of Health.

1.2 LIVE BID OPENING

Use the information below to view the bid opening online.

Zoom Meeting Link: https://arkansas-gov.zoom.us/j/88427742880?pwd=aXp6NEtsNUorbWxDVXlVN3BhZVVGQT09 Meeting ID: 884 2774 2880 Passcode: 293039 Dial-In Information: 877 853 5257 US Toll-free 888 475 4499 US Toll-free

1.3 CLARIFICATION OF SOLICITATION

A. Submit any questions requesting clarification of information contained in this Solicitation via the solicitation posting in ARBuy by midnight, Central Time on or before November 24, 2021.

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

2. Prospective Contractors’ 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 December 3, 2021. 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 TSS OSP buyer of any term, condition, etc., that precludes the Prospective Contractor from submitting a compliant, Responsive Bid. 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.

C. Prospective Contractors may contact the TSS OSP buyer with non-substantive questions at any time prior to the bid opening.

D. An oral statement by TSS 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 TSS OSP.

1.4 ACRONYMS

A. The following acronyms are used in this IFB.

1. “Ar” means argon gas.

2. “CH4” means methane gas.

3. “CO2” means carbon dioxide.

4. “CO” means carbon monoxide.

5. “H2” means hydrogen gas.

6. “H2O” means water.

7. “N2” means nitrogen gas.

8. “N2O” means nitrous oxide.

9. “Ne” means neon gas.

10. “O2” means oxygen.

11. “PPM” means parts per million.

12. “PSI” means pounds per square inch.

13. “THC” means tetrahydrochloride.

14. “UHP” means Ultra-High Purity

1.5 DEFINITION OF TERMS

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

1. “Atomic Absorption Analysis” means an analytical technique used to determine how much of certain elements are in a sample.

2. “Carbonaceous” means any form of combustible matter consisting primarily of carbon-containing compounds in either fixed or volatile form, and which is burned primarily for its heat content.

3. “Chromatography” means an analytical technique used to separate the chemical components of a sample mixture and then detect them to determine their presence or and/or how much is present. The chemical components are usually organic molecules or gases.

4. “Compressed Breathing Quality” is used in applications where the risk of breathing ambient air is too high to mitigate using half or full-face respirators.

5. “Cryogenic” means the production of and behavior of materials at very low temperatures, such as temperatures below freezing.

6. “Demurrage” means a charge for detaining a ship, freight car, or truck.

7. “Department” refers to the Arkansas Department of Health Public Health Laboratory.

8. “Dew Point” is the temperature where water vapor condenses into liquid water. It is also the amount of moisture in the air.“Flame Ionization” means the measurement of hydrocarbon concentration.

9. “Flame Photometric” is the tool that determines the concentration of specific ions such as potassium, sodium, calcium, lithium, etc. Flame photometers are lower cost options for determining the specific ions in gases rather than atomic absorption.

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

11. “Mass Spectrometer” is a device used to measure the mass-to-charge ratio of ions.

12. “Molar PPM” means parts per million (ppm) is the molar mass, volume, or mass ratio between the pollutant component and the solution.

13. “Prospective Contractor” means a responsible bidder who submits a Responsive Bid in response to this solicitation.

14. “Radiochemistry” means the chemical study of radioactive elements, both natural and artificial, and their use in the study of chemical processes.

15. “Requirement” means something required.

16. “Responsive Bid” means a bid submitted in response to this solicitation that conforms in all material respects to this IFB.

17. “Shall” and “Must” mean the imperative and are used to identify requirements.

18. “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.

19. “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 PRODUCT COMPLIANCE

A. Contractor shall meet the following requirements.

1. Prospective Contractor shall be ISO 9000 certified to ensure gas quality is consistent from cylinder to cylinder.

i. Proof of Certification must be presented to TSS OSP prior to any contract award.

B. All gases must meet Federal Government specifications and amendments thereto.

1. Contractor shall provide SDS (Safety Data Sheet) and COA (Certificate of Analysis).

2. Cylinder sizes in this IFB are for informational purposes only.

3. The number of cubic feet per cylinder is based on the size of the cylinder listed in IFB Sections 1.9 and 1.10. It is requested that if there is a difference between cubic feet per cylinder requested and cubic feet per cylinder bid, that the Prospective Contractor provide the new cubic feet per cylinder bid.

4. If no changes are provided, successful Contractor shall be required to deliver cylinder sizes as indicated in this IFB.

C. To ensure complete evaluation, Prospective Contractor shall provide information containing the specifications on minimum purities and maximum impurities of gases for each line item submitted in each group in which the Prospective Contractor bids.

1. Prospective Contractor shall submit the information with the IFB Response Packet.

2. Prospective Contractor shall be responsible for making sure the document submitted addresses all points covered in the specifications and for submitting supplementary information for any items not completely described by catalogs

3. Failure to comply with this request may result in the rejection of a bid.

1.7 TECHNOLOGICAL MODIFICATIONS AND IMPROVEMENTS

A. The State recognizes there will be compressed gas technological modifications and improvements that will become available during the life of this contract that will be unavailable on the date of contract award.

B. Should the Contractor make technological modifications and improvements consistent with the National Retail Price list, Contractor shall ensure that all items offered under this IFB remain within the scope of the contract in price and functionality.

C. New items may be included as they become available during the term of the contract after obtaining approval from ADH/PHL, in accordance with the provisions of the resultant contract. Pricing of new items must be to be introduced at the same or lesser price, as equally specified items bid.

D. The State reserves the right to determine acceptability of new products offered, based on overall performance and specifications.

1.8 EMERGENCY CONDITIONS

A. Prospective Contractor shall provide emergency contact information with the bid response. (See IFB Response Packet).

B. Level of the emergency will be determined by ADH/PHL. The level of emergency will be determined based on risk, including but not limited to, interruption of normal and critical operations.

C. Should an emergency condition arise, Contractor shall contact ADH/PHL within two (2) hours from ADH/PHL leaving the message of emergency. Failure to respond within the required time frame may result in immediate termination of the contract.

D. Delivery of emergency-based items must be scheduled between the agency and the Contractor. ADH/PHL will initiate the scheduling.

1. ADH/PHL will provide the following information at the time of the emergency:

a. Location of the emergency items required.

b. Quantities required.

c. Level of the emergency,

1.9 REQUIREMENTS FOR CYLINDER GASES

A. Nitrogen, Ultra-High Purity (UHP) Grade, 99.999%, 250+ cubic feet per cylinder or approved equal, A size, CGA580.

Guaranteed analysis (Molar PPM) must be:

1. Dew Point of 100°F (73°C)

2. O2 less than 4.0 ppm

3. H2 less than 3.5 ppm

4. THC less than 0.5 ppm

5. Carbonaceous gases less than 1 ppm.

6. Nitrogen must be satisfactory for flame ionization and flame photometric gas chromatography.

B. Nitrogen, Ultra-High Purity Grade, 99.999%, 250+ cubic feet per cylinder or approved equal, A size, CGA580.

Guaranteed analysis (Molar PPM) must be:

1. Dew Point of 105°F (76°C)

2. O2 less than 1.0 ppm

3. THC less than 0.5 ppm

4. H2O less than 1.0 ppm

5. Nitrogen must be suitable for use in radiochemical analysis.

C. Hydrogen, Ultra-High Carrier Grade, greater than 99.9993%, 250+ cubic feet per cylinder or approved equal, A size, CGA350.

Guaranteed analysis (Molar PPM):

1. Dew Point of 97°F (72°C)

2. O2 less than 1.0 ppm

3. TCH less than 0.5 ppm

4. H2O less than 2.0 ppm

5. Hydrogen must be suitable for flame ionization, flame photometric, and atomic absorption analysis.

D. Helium, Chromatographic Grade, 99.999%, 250+ cubic feet per cylinder or approved equal, A size, CGA580.

Guaranteed analysis (Molar PPM):

1. Ar less than 0.5 ppm

2. CO2 less than 0.1 ppm

3. Ne less than 0.5 ppm

4. N2 less than 1.0 ppm

5. O2 less than 1.0 ppm

6. THC less than 0.0 ppm

7. Helium must be suitable for use in combined gas chromatographic / mass spectrometer.

E. Air, Compressed Breathing Quality, 200+ cubic feet per cylinder 2,200 PSI or approved equal, B size, CGA346.

Guaranteed analysis (Molar PPM):

1. Dew Point of 70°F (57°C)

2. O2 of 19.5 – 23.5%

3. CO2 less than 0.1% (1,000 ppm)

4. CO less than 0.001% (10 ppm)

5. THC less than 0.0025% (25 ppm)

6. N2O less than 0.00001% (0.1 ppm)

7. Rare gases: Ar, Krypton, Xenon, Neon, Helium, Hydrogen less than 1% (10,000 ppm)

8. Air must be suitable for use in combined gas chromatographic / mass spectrometer.

F. Carbon Dioxide, 50 pounds with siphon dip tube or approved equal for liquid withdrawal.

G. Carbon Dioxide, Bone Dry, 99.99% pure liquid phase, 50 pounds or approved equal, B size cylinder, CGA320.

H. 5% Methane / 95% Argon, 250+ cubic feet per cylinder or approved equal, size B.

Guaranteed analysis (Molar PPM):

1. Methane Analysis:

1. Minimum Purity of 99.999%

2. Dew Point of 88°F (67°C)

3. Impurities:

1. Oxygen and Argon less than 50.0 ppm

2. Nitrogen less than 0.3%

3. Carbon Dioxide less than 10.0 ppm

4. Ethane less than 1% ppm

5. Propane and Higher Hydrocarbons less than 30.0 ppm

6. Water less than 4.0 ppm

7. 5% Methane / 95% Argon must be suitable for use in combined gas chromatographic / mass spectrometer.

2. Argon Analysis:

1. Minimum Purity of 99.998%

2. Dew Point of 90°F (68°C)

3. Impurities:

1. Oxygen less than 2.0 ppm

2. Hydrogen less than 2.0 ppm

3. Nitrogen less than 10.0 ppm

4. Methane less than 0.5 ppm

5. Carbon Dioxide less than 0.5 ppm

3. Contaminant analysis for Oxygen:

1. Oxygen Content less than 1.0 ppm

4. Contractor shall include certificate of analysis for each lot delivered to the ADH Public Health Laboratory.

I. 10% Methane / 90% Argon, Ultra-Pure Grade, 99.999%, 250+ cubic feet per cylinder or approved equal, B size.

1. Methane minimum purity of 99.999%

2. Argon minimum purity of 99.998%.

3. 10% Methane / 90% Argon must be suitable for Alpha and Beta Radiation Detection instrumentation.

J. Argon, Ultra-Pure Carrier Grade, 99.9993%, 250+ cubic feet per cylinder or approved equal, A size, CGA580. Argon must be suitable for atomic absorption.

Guaranteed analysis: (Molar PPM):

1. Dew Point of 90°F (68°C)

2. O2 less than 1.0 ppm

3. H2O less than 1.0 ppm

4. N2 less than 8.0 ppm

5. THC less than 0.5 ppm

K. Dewar Liquid Argon, Ultra-High Purity Grade, 99.988%, 160 liter or approved equal, deliveries above 60 PSI.

Guaranteed analysis (Molar PPM):

1. Dew Point of 90°F (68°C)

2. O2 less than 2.0 ppm

3. H2O less than 2.0 ppm

4. N2 less than 10.0 ppm

5. CH4 less than 0.5 ppm

6. CO2 less than 0.5 ppm

7. 60 PSI

L. Dewar Liquid Nitrogen, 99.988%, 180-liter, 22 PSI or approved equal, Guaranteed analysis (Molar PPM):

1. Dew Point of 90°F (68°C)

2. O2 less than 0.001% (10 ppm)

3. H2 less than 0.002% (2 ppm)

4. CH4 less than 0.0001% (1 ppm)

5. Carbonaceous gases less than 0.00001% (1.0 ppm)

6. 50 or 22 PSI

7. Dewar Liquid Nitrogen must be suitable for cryogenic detector operation in the Radiochemistry lab.

M. Helium, UHP / Zero Grade, 99.999%, 250+ cubic feet per cylinder or approved equal, A size, CGA580.

Guaranteed analysis (Molar PPM):

1. O2 less than 4.0 ppm

2. THC less than 0.5 ppm

3. H2O less than 3.5 ppm

4. Helium must be suitable for use in combined gas chromatographic / mass spectrometer.

N. Rental/Demurrage charge per cylinder.

1. Charges must be per month, from the first day of the month through the last day of each calendar month.

2. Contractor shall pick up all empty cylinders at time of delivery.

O. Rental/Demurrage charge per cylinder Dewar Liquid Argon (Item 1.9.K in solicitation / Item 11 on Official Solicitation Price Sheet) / Liquid Nitrogen (Item 1.9.L in solicitation / Item 12 on Official Solicitation Price Sheet) cylinders.

1. Charges must be per month, from the first day of the month through the last day of each calendar month.

2. Contractor shall pick up all empty cylinders at time of delivery.

P. Contractor shall replace any cylinder at no charge to the State if the cylinder doesn’t contain the standard specified pressure awarded.

1.10 REQUIREMENTS FOR MICRO-BULK GASES

A. 1,000 Liter Micro-Bulk Argon equals 350,000 cubic feet at 28,500 cubic feet, approximately 42 inches in diameter and 81 inches in height.

Guaranteed analysis (Molar PPM):

1. Dew Point of 90°F (68°C)

2. O2 less than 2.0 ppm

3. H2 less than 2.0 ppm

4. N2 less than 10.0 ppm

5. CH4 less than 0.5 ppm

6. CO2 less than 0.5 ppm

7. 60 PSI

8. Argon must be Ultra-High Purity Grade, 99.988% with deliveries above 60 PSI.

9. Contractor shall mount each one (1) of the tanks outdoors.

1,000 Liter Micro-Bulk Nitrogen equals 700,000 cubic feet at 24,350 cubic feet, approximately 42 inches in diameter and 81 inches in height.

B. 3,000 Liter Micro-Bulk Nitrogen equals 1,000,000 cubic feet at 66,592 cubic feet, approximately 58 inches in diameter and 122 inches in height.

1. Nitrogen must be Ultra-High Purity Grade,99.988 % and must be suitable for cryogenic detector operation.

Guaranteed analysis (Molar PPM):

a. Dew Point of 90°F (68°C)

b. O2 less than 0.001% (10 ppm)

c. H2 less than 0.002% (2 ppm)

d. CH4 less than 0.0001% (1 ppm)

e. Carbonaceous gases less than 0.00001% (1.0 ppm)

f. 50 PSI

2. Contractor shall mount each one (1) of the tanks outdoors.

C. 265/450 Liter Micro-Bulk Nitrogen equals 300,000 cubic feet at 10,332 cubic feet (450 Liters), approximately 30 inches in diameter and 68 inches in height.

1. Nitrogen must be Ultra-High Purity Grade,99.988 % and must be suitable for cryogenic detector operation.

Guaranteed analysis (Molar PPM):

a. Dew Point of 90°F (68°C)

b. O2 less than 0.001% (10 ppm)

c. H2 less than 0.002% (2 ppm

d. CH4 less than 0.0001% (1 ppm)

e. Carbonaceous gases less than 0.00001% (1.0 ppm)

f. 22 PSI Liquid Delivery

2. Contractor shall mount each one (1) of the tanks in the Chemical Terrorism lab and must be filled by LS nitrogen dewar.

D. Rental/Demurrage charge per Micro-Bulk Argon (Item 1.10.A in solicitation / Item 16 on Official Solicitation Price Sheet) Micro-Bulk Nitrogen (Item 1.10.B in solicitation / Item 17 on Official Solicitation Price Sheet) tanks.

1. Charges must be per month, from the first day of the month through the last day of each calendar month.

E. Rental/Demurrage charge per cylinder per 265/450 Liter Micro-Bulk Nitrogen (Item 1.10.C in solicitation / Item 18 on Official Solicitation Price Sheet) tank.

1. Charges must be per month, from the first day of the month through the last day of each calendar month.

F. Contractor shall replace any tank or cylinder at no charge to the State if the tank or cylinder does not contain the standard specified pressure awarded.

1.11 DELIVERY

A. The Department requests delivery within forty-eight (48) hour after written request from the Department. If this delivery date cannot be met, the Prospective Contractor must state the alternate number of hour or days required to begin the service and/or place the commodity in the ordering Department’s designated location. (See IFB Response Packet.) Failure to state the alternate delivery time obligates the Contractor to complete delivery by the Department’s requested date. Extended delivery dates may be considered when in the best interest of the State.

B. All deliveries must be made inside to the laboratory to the Microbiology and Chemistry sections.

C. All deliveries must be made during normal State work hours and within the agreed upon number of days unless otherwise arranged and coordinated with the Department. The Contractor shall give the Department immediate notice of any anticipated delays or plant shutdowns that will affect the delivery requirement.

D. Loss or damage that occurs during shipping, prior to the order being received by the Department, is the Contractor’s responsibility. All orders should be properly packaged to prevent damage during shipping.

E. The State assumes no liability for commodities produced, processed or shipped in excess of the amount specified on the Department’s purchase order.

F. No late deliveries will be accepted unless approved, in advance, by the ordering Department.

FOB DESTINATION

Arkansas Department of Health Public Health Laboratory 4815 West Markham Dock A Little Rock, AR 72205

1.12 ACCEPTANCE STANDARDS

A. Inspection and acceptance/rejection of product(s) will be made within thirty (30) days of receipt.

B. The State has the option to return any product(s) within the thirty (30) day timeframe for any reason.

C. Bid must include a “total satisfaction” return policy for all products and must not impose any liability on the State for such returns.

SECTION 2 – GENERAL INSTRUCTIONS AND INFORMATION

· Do not provide responses to items in this section unless specifically and expressly required.

2.1 TYPE OF CONTRACT

A. As a result of this IFB, TSS OSP intends to award a contract by Group. Group 1 Cylinder Gasses (Table 1 on the Official Bid Price Sheet) and/or Group 2 Micro-Bulk Gases (Table 2 on the Official Bid Price Sheet).

B. The anticipated starting date for any resulting contract is February 15, 2022, 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 Department, the contract may be renewed by TSS 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.

2.2 CONTRACTOR SELECTION

A. Award will be made to the lowest-bidding, responsible Prospective Contractor by Group 1 – Cylinders and / or Group 2 Micro-Bulk Gases.

2.3 RESPONSE DOCUMENTS

A. All bid responses must be submitted through ARBuy, the State’s eProcurement system. The system can be accessed at https://arbuy.arkansas.gov.

B. Bid Response Packet

1. The following are bid submission requirements and must be submitted as part of a Prospective Contractor’s bid response.

a. Signed Bid Signature Page. Signature may be ink or digital. (See Bid Response Packet.)

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

c. Completed Pricing Response. Official Bid Price Sheet attached to solicitation posting. Pricing must be proposed in U.S. dollars and cents.

d. Proposed Subcontractors Form. The utilization of any proposed subcontractor is subject to approval by the Department.

e. Exceptions Form.

f. Completed Alternate Delivery Schedule Form.

g. A document detailing the specifications on minimum purities and maximum impurities of gases for each line item being bid as stated in the IFB.

2. 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.

b. Copy of Prospective Contractor’s Equal Opportunity Policy.

3. DO NOT include any other documents or ancillary information, such as a cover letter or promotional/marketing information.

2.4 PRICING

A. Prospective Contractor shall include all pricing on the Official Bid Price Sheet attached to solicitation posting. If any cost is not identified by the successful Contractor but is subsequently incurred in order to achieve a successful operation, the Contractor shall bear this additional cost.

B. Prospective Contractor shall bid on all lines in the bid group to be considered. The groups are; Group 1 Cylinder Gasses (Table 1 on the Official Bid Price Sheet) and/or Group 2 Micro-Bulk Gases (Table 2 on the Official Bid Price Sheet).

C. Prospective Contractor shall bid according to the unit of measure as specified on the Official Bid Price Sheet attached to solicitation posting.

D. Prospective Contractor shall provide a Unit Price for each line item in the specified group for which the Prospective Contractor wishes to bid. The total cost will auto-populate to create a total cost for the Initial One Year Term for the Group.

E. Quantities listed on the Official Bid Price Sheet attached to solicitation posting are estimated and do not represent a firm commitment in quantity; however, the estimates are based on past consumption data and known expansions. The State reserves the right to order in any quantity.

F. All prices must remain firm for the contract period.

G. All Prospective Contractors that have a rental/demurrage charge per month shall state that charge on the Official Bid Price Sheet attached to solicitation posting. The charge will be a factor in low-cost determination. The demurrage charge must be based on an estimated average of seventy-five (75) cylinders in possession of the Department at the end of each calendar month.

2.5 PRICE ESCALATION

A. Price increases may be negotiated at the time of contract renewal at the discretion of the State. Any 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 Department of Transformation and Shared Services, Office of State Procurement has the right to approve or deny any request for a price adjustment.

B. In the event of a general price decrease, the State shall be guaranteed full benefit of the price reduction for all undelivered purchase orders on the effective date of the decrease and thereafter.

2.6 ACCEPTANCE OF REQUIREMENTS

A. Unless a Prospective Contractor expressly and conspicuously identifies any exception or exceptions to any of the Requirements in the Requirements Section(s) of this IFB by listing them on the Exceptions Form (See Bid Response Packet), Prospective Contractor understands and agrees its submission of a bid to represent that its bid meets all such Requirements.

B. A Prospective Contractor’s bid may be rejected if the Prospective Contractor takes exception to any Requirements in the Requirements Section(s) of this IFB.

2.7 ADDITIONAL TERMS AND CONDITIONS

A. This IFB incorporates all of the Solicitation Terms and Conditions located on the TSS OSP website here (Agencies – Forms and Reporting – Solicitation Templates): https://www.transform.ar.gov/procurement/agencies/forms-and-reporting/.

B. Any special terms and conditions included in this solicitation shall override the Solicitation Terms and Conditions.

C. Unless a Prospective Contractor expressly and conspicuously identifies any exception or exceptions to any of the terms in the Standard Commodities Contract by listing them on the Exceptions Form (See Bid Response Packet), Prospective Contractor agrees and shall adhere to all terms if selected as the successful Contractor. Items identified as non-negotiable may only be modified if the legal requirement is satisfied and approved by the State. The Standard Commodities Contract can be viewed on the TSS OSP website here (Agencies – Forms and Reporting – Solicitation Templates): https://www.transform.ar.gov/procurement/agencies/forms-and-reporting/.

D. A Prospective Contractor’s bid may be rejected if a Prospective Contractor takes exception to any terms or conditions in the documents listed in 2.7.A and 2.7.C.

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