IFB-S000000020_with Addendum.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 Corrections (ADC) to obtain pricing and a contract for Pest Control Services for ADC locations in Arkansas. Direct all questions, comments, or concerns you may have regarding this solicitation to the TSS Office of State Procurement, not the ADC.

Contracts will be awarded to the lowest bidding, responsible Prospective Contractor per ADC job number.

The Contractor shall provide Pest Control Services for their awarded ADC job number which consists collectively of 18 job locations, 534 ADC buildings/complexes, covering approximately 5,253,795 square feet, in 14 cities in Arkansas as summarized below. Prospective Contractors may reference Attachment A: Pest Control Services by ADC Job Number for more specific information about the Jobs listed below.

ADC Job #’s

Job 1

Job 2

Job 3

Job 4

Job 5

Job 6

Job 7

Job 8

Job 9

Job 10

Job 11

Job 12

Job 13

Job 14

Job15

Job 16

Job 17

Job 18

18 Job Numbers

Prospective Contractors may schedule a site visit by contacting the facility(s) in which the Prospective Contractor wishes to bid. See Attachment B: ADC Contact Information for Site Visits.

1. A site visit is not mandatory to be able to submit a bid response.

2. Contact information is being provided to the Prospective Contractors as a courtesy to be able to inspect a site. Prospective Contractor shall contact ADC to set up a site visit only. The OSP buyer listed in ARBuy remains the sole contact for the solicitation other than for the purposes of setting up a site visit.

3. No oral statement or any information presented by ADC during the site visit will become part of the resulting contract unless it is reduced to writing and expressly adopted by OSP.

4. Information presented should be evaluated at the Prospective Contractor’s own risk.

1.2 LIVE BID OPENING

Use the information below to view the bid opening online.

Zoom Meeting Link:

https://arkansas-gov.zoom.us/j/89733390857?pwd=ZHdMcWFkWW5HNEpEZkhHemNtcUJvdz09

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 June 15, 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 June 21, 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. “Annual Pest Control Service” means inspecting, treating with insecticides or other chemicals to exterminate pests, and providing recommendations and supplies to ADC to deter pests and prevent re-infestation. Annual Pest Control Services occur each year of the contract terms with the first Annual Pest Control Service beginning approximately 365 calendar days after the completion of the Initial Clean Out Treatment.

C. “Bid Submission Requirement” means a task a Prospective Contractor must complete when submitting a bid response. These requirements will be distinguished by using the term “shall” or “must” in the requirement.

D. “Follow-up Treatment” ” means the pest control service performed whereby the Contractor returns to an ADC facility ten (10) to fourteen (14) calendar days after the Initial Clean Out Treatment to inspect and confirm the Initial Clean Out Treatment has been effective for the facility and applies additional treatment and provides recommendations as necessary to exterminate any pests remaining after the Initial Clean Out Treatment.

E. “Initial Clean Out Treatment” means the first inspection, insecticidal or other chemical treatment, and recommendations the Contractor provides to an ADC facility.

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

G. “Monthly Pest Control Service” means inspecting and treating with insecticides or other chemicals approximately every thirty (30) calendar days as specified in this IFB and providing recommendations, traps, and other necessary supplies to keep rodents or pests away and prevent reinfestation.

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

I. “Requirement” means a specification that a Contractor’s commodity must and/or service shall meet or exceed in the performance of its contractual duties under any contract awarded as a result of this IFB. These specifications will be distinguished by using the terms “shall” and “must” in the requirement.

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

K. “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.

L. “Unsatisfactory Service” means failing to fulfill the Requirements of this IFB including but not limited to failing to treat an awarded ADC facility or an area within the facility as required and/or failing to respond to ADC requests for service.

1.5 GENERAL REQUIREMENTS

A. The Contractor shall provide pest control services as specified within this IFB. Pest control services includes but not limited to:

1. Initial Clean Out Treatments

2. Follow-up Treatments

3. Monthly Pest Control Services

4. Annual Pest Control Services

5. Responding to ADC service requests and performing insecticidal and other chemical treatments, providing traps, supplies, and recommendations to ADC facilities as requested by ADC during the contract terms.

B. The Contractor shall inspect for and apply insecticides or other chemical treatments to exterminate household pests, including but not limited to rats, mice, ants, spiders, lice, silverfish, weevils, roaches, flees, mites, and wasps.

C. Contractor shall provide all materials, equipment, insecticides and other chemicals, personnel, and supervision needed to accurately and effectively perform the services in this IFB.

1. Insecticides and other chemicals must be approved for use by the United States Public Health Service and/or the United States Bureau of Entomology and Plant Board.

D. Contractor shall adhere to applicable Administrative Rules and regulations of the Arkansas Department of Correction, including but not limited toAR0401 Searches for and Control of Contraband and AR0224 Tobacco. A complete list of ADC’s Administrative Rules may be found here.

E. ADC reserves the right to add additional structures, buildings, and areas at each ADC facility to receive pest control services as ADC determines necessary during the contract terms. Should ADC determine necessary, the Contractor shall add the additional structures, buildings, and areas to the schedule to receive services. This is expected to be a rare occurrence.

1.6 MATERIALS AND METHODS

A. Contractor shall only use materials and methods recommended and/or suggested by the United States Public Health Service and/or the United States Bureau of Entomology and Plant Board.

B. Contractor shall use the most current and effective insecticides and other chemicals known to the industry and shall perform application using the most up-to-date equipment.

C. While applying chemicals and insecticides, the Contractor shall take all safety precautions necessary to ensure the pest control services and treatments provided do not become hazardous to the health of ADC occupants or interfere with ADC operations.

D. In food processing/kitchen areas, the Contractor shall only use chemicals and insecticides that comply with applicable Arkansas Department of Health rules and regulations and that are approved by the United States Department of Agriculture (USDA) for such application.

1.7 SCHEDULE

A. Within seven (7) Business Days after award of a resulting contract or within an alternate timeframe approved by ADC, the Contractor shall begin performing the Initial Clean Out Treatment.

B. After the Initial Clean Out Treatment is performed, Contractor shall return to the ADC location within ten (10) to fourteen (14) calendar days to perform the Follow-up Treatment.

1. At the time of the Follow Up Treatment, the Contractor shall re-treat an ADC facility should the Contractor find the Initial Clean Out Treatment has been ineffective or as otherwise requested by ADC.

2. In cases of infestations and/or live pests found to be present at the Follow-up Treatment, then in addition to the Follow-up Treatment, the Contractor shall re-treat the ADC facility as many times thereafter as is necessary to completely eradicate the pests.

C. Unless an alternate timeframe is approved by ADC, the Contractor shall begin providing Monthly Pest Control Service to the kitchen areas and administrative/office areas within approximately thirty (30) calendar days after the completion of Follow-up Treatment.

D. Within approximately 365 calendar days after the completion of the Initial Clean Out Treatment, the Contractor shall provide Annual Pest Control Services to all areas at the awarded ADC job site including but not limited to, staff housing, storerooms, food service carts, kitchen areas, living quarters, office spaces, sheds, guard towers, and work areas as directed by ADC and upon request from ADC during the contract terms.

E. There may be instances throughout the contract terms whereby ADC will need pest control services performed that will be in addition to the Monthly Pest Control Services and Annual Pest Control Services stated herein. As such, the Contractor shall respond onsite to the requesting ADC facility within twenty-four (24) hours of receipt of request from ADC to perform treatment at no additional cost to the State.

1. The request is typically made by the person at the unit that escorts the technician for pest control services.

2. Requests may also be made via email or phone call by Flora Johnson, the contract administrator.

F. Contractor shall provide the pest control services required by this IFB between the hours of 8:00 a.m. and 4:30 p.m., Central Time.

G. Contractor shall coordinate service with ADC personnel at least seven (7) calendar days prior to providing pest control services in food service/kitchen and medical areas and in areas from which personnel or inmates need to be removed from the treatment area (such as barracks). ADC contract information will be provided after award of the resulting contract(s).

1. If requested by ADC, the Contractor shall coordinate all services with ADC regardless of which ADC job site area the pest control services will be performed. ADC reserves the right to have final approval of the pest control services schedule.

H. Before leaving the ADC job site, the Contractor shall inform ADC of the next service date and the location of the treatment so that ADC will have time to make special arrangements to relocate personnel and inmates who may be sensitive to chemicals or for other reasons as determined necessary by ADC.

1.8 INSURANCE

A. Prior to award and upon request from OSP, the anticipated successful Prospective Contractor shall furnish a Certificate of Insurance and must keep the insurance current throughout the aggregate term of the contract.

B. Certificates of Insurance must contain a provision whereby coverage afforded under the insurance policies will not be cancelled or modified unless prior written notification is provided to the State at least fifteen (15) calendar days prior to the cancellation or modifications becoming effective.

C. Contractor shall carry Worker’s Compensation and Employee Fidelity Coverage at the Standard limits as outlined by the Contractor’s insurance carrier.

1. Worker’s Compensation and Employee Liability Policy

a. Worker’s Compensation Statutory Limits

b. Employer’s Liability $100,000 each accident

2. Comprehensive General Liability Policy

a. Bodily Injury $500,000 each person $500,000 each occurrence

b. Property Damage $1,000,000 each occurrence $1,000,000 aggregate

c. Automobile Liability $100,000 each occurrence

i. Automobile liability to include non-owned and hired vehicles.

3. Premises and Operation Liability

a. Bodily Injury $500,000 each person $500,000 each occurrence

b. Property Damage $1,000,000 each occurrence $1,000,000 aggregate

c. Automobile Liability $100,000 each occurrence

i. Automobile liability to include non-owned and hired vehicles.

4. Personal Injury Liability

a. Bodily Injury $500,000 each person $500,000 each occurrence

b. Property Damage $1,000,000 each occurrence $1,000,000 aggregate

c. Automobile Liability $100,000 each occurrence

i. Automobile liability to include non-owned and hired vehicles.

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. Table A: 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.

Table A: Performance Standards

Materials and Methods

· Repeated violations may result in cancellation of the contract in accordance with the Termination and Cancellation Clauses stated in the Standard Services Contract.

· Repeated violations may result in cancellation of the contract in accordance with the Termination and Cancellation Clauses stated in the Standard Services Contract.

Service Schedule

· Repeated violations may result in cancellation of the contract in accordance with the Termination and Cancellation Clauses stated in the Standard Services Contract.

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 contracts to a single Contractor per each ADC job number.

B. The anticipated starting date for any resulting contract(s) is September 1, 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 Contractors on per ADC Job Number basis.

B. Prospective Contractors may bid on a single ADC job number, multiple ADC job numbers, or on all ADC job numbers. Prospective Contractors should note there are four (4) line items per ADC job number in ARBuy. Whichever ADC job number(s) the Prospective Contractor intends to bid, the Prospective Contractor shall bid all four (4) line items applicable to an ADC job number.

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.

d. Certificates of Insurance

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

2.4 PRICING

A. The price of the services herein described shall be provided as follows.

1. A price to perform the Initial Clean Out Treatment in all areas applicable to the job number being bid. Pricing for this service applies to the initial term of the resulting contract only. Pricing for the Initial Clean Out Treatment must be provided in ARBuy for each ADC job site on which the Prospective Contractor is bidding.

2. A price to perform the Follow-Up Treatment in all areas applicable for the job number being bid. Pricing for this service applies to the initial term of the resulting contract only. Pricing for the Follow-Up Treatment must be provided in ARBuy for each ADC job site on which the Prospective Contractor is bidding.

3. A price to perform Monthly Pest Control Services applicable only to the administration/office areas and the kitchen/food service areas for the job number being bid. Pricing for Monthly Pest Control Services must be provided in ARBuy for each ADC job site on which the Prospective Contractor is bidding.

4. A price to perform Annual Pest Control Services applicable to all applicable to the job number being bid. Pricing for Annual Pest Control Services must be provided in ARBuy for each ADC job site on which the Prospective Contractor is bidding.

B. There are four (4) line items for each of the 18 ADC job numbers. Prospective Contractors shall price all four (4) line items for the ADC job number to which their bid applies.

2.5 INVOICING

A. Payment will be made each month upon presentation of a monthly invoice. Payments will not be made unless every building and all areas of each building have been inspected and treated within the monthly period as required by this IFB.

B. A statement signed by the Department of Correction personnel attesting to the Contractor being on site must be attached to the invoice or be the invoice itself.

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 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 2.7.A and 2.7.C.

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