IFB-S000000014--v2--2021-05-17-142454--jl.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 Arkansas Division of Correction (ADC) to obtain pricing and a contract for the aerial application of liquid and dry substances such as pesticides, herbicides, fungicides, and fertilizers to rice, corn, soybeans, and various garden crops located at the Cummins Farm Unit, Highway 65 in Grady, AR.

Direct all questions, comments, or concerns you may have regarding this solicitation to the TSS Office of State Procurement, not the ADC.

The State of Arkansas is strictly providing estimates as a courtesy to Prospective Contractors. The Prospective Contractor shall not interpret any estimate provided in this IFB or on the Official Bid Price Sheet to be a guarantee of actual contract volume or usage during the term(s) of a contract resulting from this IFB.

1.2 LIVE BID OPENING

Use the information below to view the bid opening online.

Zoom Meeting Link:

https://arkansas-gov.zoom.us/j/86293424409?pwd=b3BDV0NLaU5FY3Jka3JVL2FzVHQ1UT09

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 May 21, 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 May 26, 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 DEFINITION OF TERMS

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

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

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

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

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

F. “Requirement” means something required.

G. “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.

H. “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.

I. “Load Sheet” means an information sheet indicating:

• Fields to be serviced

• Time of day the service is to occur

• Rate of application

• Outside air temperature

• Wind speed

• Quantity and concentration of products to be applied including but not limited to surfactants and drift additives

1.5 PROSPECTIVE CONTRACTOR QUALIFICATIONS

A. Prospective Contractor shall have a minimum of two (2) aircraft and two (2) full time pilots on staff.

B. Prospective Contractors’ pilots shall have a current Commercial Applicator License issued by the Arkansas State Plant Board and shall provide a copy of the license to the ADC Farm Manager upon request.

1. Commercial Applicator License must be kept current throughout the contract term(s).

C. Prospective Contractor shall provide the following information on Attachment A: Aircraft Information for each aircraft to be used in providing aerial application services to ADC and shall include the completed Attachment A with the bid response submission.

1. Aircraft model

2. Swath width

3. Speed

4. The number, type, and orifice size of the spray nozzles

D. Prospective Contractor shall have access to all-weather strips to supplement the use of ADC airstrips. Supplemental all-weather strips must be approved by the ADC Farm Manager prior to use.

1.6 GENERAL REQUIREMENTS

A. Prospective Contractor shall furnish all pumps, mixing vats, motors, loader trucks, and other associated equipment needed to perform aerial application service as specified within this IFB.

B. Prospective Contractor shall provide aerial application of all liquid substances: herbicides, defoliants, foliar plant foods, fungicides, insecticides, and desiccants as specified within this IFB and by ADC.

C. Prospective Contractor shall provide aerial application of dry substances: granular fertilizers, granular herbicides, seeds, etc. as specified within this IFB and by ADC.

D. Prospective Contractor shall supply all labor for mixing and loading all liquid applications. ADC will provide all materials for liquid applications, (herbicides, fungicides, insecticides, and additives). ADC will provide labor for loading seed and other dry materials such as fertilizers.

E. Prior to providing each aerial application service, the Contractor shall provide a copy of the Load Sheet to the ADC Farm Manager for each load. At a minimum, the Load Sheet must indicate the following information:

1. Fields to be serviced.

2. Time of day service is to occur.

3. Rate of application.

4. Outside air temperature.

5. Wind speed.

6. Quantity and concentration of products to be applied including but not limited to surfactants and drift additives.

F. Contractor shall provide airplane petroleum products and petroleum storage.

G. Contractor shall provide the ADC Farm Manager with the documentation, such as a blend sheet, for each dry substance to be utilized.

H. Contractor shall legally dispose of all waste generated by the application process according to the Arkansas Department of Environmental Quality (ADEQ) regulations including but not limited to:

· Containers

· Packaging

· Towels

I. Application of all materials by the Contractor shall comply with applicable State and Federal laws including but are not limited to the United States Environmental Protection Agency (EPA) and the Arkansas State Plant Board guidelines and regulations.

J. Contractor shall provide regulatory reports related to the application of materials to, and as required by, the Arkansas State Plant Board and EPA.

K. Contractor shall replace crops damaged or destroyed due to pilot error in application. The ADC Farm Manager will determine if damage is due to pilot’s error.

L. Contractor 's pilots shall agree to stop, when requested by the ADC Farm Manager, to allow random on-site samples to be taken from the aircraft tank or hopper to ensure mix accuracy as determined by the Arkansas State Plant Board.

M. Contractor shall have liability insurance coverage in the amount of $100,000.00, or minimum State or Federal requirements, whichever is greater. Liability coverage must include coverage for damage to ADC crops and/or surrounding areas as a result of the services provided.

1.7 SCHEDULE OF AERIAL APPLICATION SERVICES

A. Unless an alternate timeframe is requested by ADC, Contractor shall provide aerial application services within twenty-four (24) hours of receipt of request from ADC.

B. Should events occur that cause the Contractor to be unable to provide aerial application services within twenty-four (24) hours of request from ADC, such as adverse weather conditions, the Contractor shall complete the service as soon as possible according to the schedule of ADC.

C. An exception to the twenty-four (24) hour time frame is the application of insecticides to the cotton and garden crops. Insecticide applications to cotton and garden crops will be made after 4:30 CDT on the same day of notice, due to scouting schedules and the presence of inmates.

D. Contractor shall allow the ADC Farm Manager to inspect and monitor the application process to confirm services provided meet the standards according to the product label (such as those pertaining to application rate and weather conditions) and the Requirements of this IFB.

1.8 AIRCRAFT REQUIREMENTS

A. Each aircraft must be equipped with a Global Positioning System (GPS) with swath marking accuracy of one (1) meter or less and track recording ability. The track recording function must distinguish when the spray boom or dry matter dispenser is on or off.

B. A GPS hard copy and electronic copy map of the aircraft application having adequate scale to distinguish application tracks must be provided to the ADC Farm Manager within seven (7) calendar days after aerial application services are provided.

C. Upon request from the ADC Farm Manager, the Contractor shall provide written documentation confirming each aircraft has completed a recognized calibration within the twelve (12) months prior to the awarding of this IFB and shall provide documentation annually prior to the renewal of the contract.

D. Aircraft calibration documentation must include the following:

1. Performance

2. Data on application uniformity

3. Droplet spectrums

4. CV of swath

5. Optimum swath width as determined from tests conducted by one of the following:

· The Society of Aviation and Flight Educators (S.A.F.E) analyst

· A University program, such as the University of Arkansas Extension Service Fly-In

· A private entity specializing in application technology

6. Separate documentation is required for each individual dry material: seed, urea, mixed fertilizer, granular herbicide, etc. (maximum CV’s should be 15 for dry material and 25 for spray materials.)

E. Contractor shall not substitute the aircrafts listed on Attachment A: Aircraft Information without prior written approval from the ADC Farm Manager.

F. Contractor shall maintain aircraft insurance throughout the aggregate term(s) of the contract and, when requested by the ADC Farm Manager, shall provide a copy of insurance certificates applicable to each aircraft that will be used in providing aerial application services.

1.9 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.

1.10 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. 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, Contractor shall follow the direction of the Department regarding the required compensation process.

PERFORMANCE STANDARDS

5% credit to invoice if Contractor does not allow ADC to take random samples when requested by the ADC Farm Manager.

5% credit to invoice for failure to supply labor and equipment.

Correct Mix Accuracy

Legal Disposal of Products

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 to a single Contractor.

B. The anticipated starting date for any resulting contract is July 01, 2021, 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 on an ALL OR NONE basis.

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. ARBuy line item pricing response on the solicitation page. 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.

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.

c. Voluntary Product Accessibility Template (VPAT), if applicable.

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

2.4 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.

2.5 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 Services Contract (SRV-1) Fillable Form 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 Services Contract (SRV-1) Fillable Form can be viewed on the TSS OSP website here (Agencies – Services – Forms): https://www.transform.ar.gov/procurement/agencies/services/.

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 2.5.A and 2.5.C.

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