S-264 DOC Crop Hauling Services IFB Final.pdf

Rev 08/2023

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

Solicitation Number: S000000264 Solicitation Issued: September 18, 2023

Description: Crop Hauling Services

Department: Department of Corrections (DOC) – Cummins Unit

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Bid Opening Date: September 28, 2023 Bid Opening Time: 2:30 p.m., Central Time

Bid responses for this Invitation for Bid must be submitted through ARBuy, the State’s eProcurement system.

It can be accessed at arbuy.arkansas.gov. Bids received after the submission deadline may be rejected as untimely.

LIVE BID OPENING INFORMATION

Teams Meeting Link: Click here to join the meeting

Meeting ID: 298 792 843 115

Passcode: Qw7eNA

Call in (audio only): 501.244.3310

Phone conference ID: 469 212 987#

TSS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

TSS OSP Procurement Specialist:

Cyndle Jump Procurement Specialist’s Direct Phone Number:

501-324-9314

Email Address: Cyndle.Jump@arkansas.gov TSS OSP’s Main Number: 501-324-9316

TSS OSP Website: transform.ar.gov/procurement file://///tss-file-p1/INDOSPADMIN$/%23_GENERAL_%20PROCUREMENT_%20TEAM_%23/BUYERS/Brandi%20Schroeder/Bid%20Folder%20Documents/%23New%20Drafts/IFB/1%20OSP%20Use/arbuy.arkansas.gov/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_YjczNDIyZTQtNDczMC00ZWE2LWE4NWQtYTlhMTVhZWE4N2Zl%40thread.v2/0?context=%7b%22Tid%22%3a%225ec1d8f0-cb62-4000-b327-8e63b0547048%22%2c%22Oid%22%3a%2262e33c0b-bc64-4404-86b5-0a7b149da0f3%22%7d mailto:Cyndle.Jump@arkansas.gov https://www.transform.ar.gov/procurement/

SECTION 1 – INFORMATION AND INSTRUCTIONS

1.1 INTRODUCTION

This Invitation for Bid (IFB) is issued by the TSS Office of State Procurement (TSS OSP) on behalf of Department of Corrections (DOC) – Cummins Unit to obtain pricing and a contract for Crop Hauling Services. This contract will require dump or hopper bottom trucks. This contract will not include amounts of crops hauled by department farm equipment.

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

1.2 OBJECTIVE AND GOALS

The Department seeks to obtain pricing and a contract for Crop Hauling Services.

1.3 TYPE OF CONTRACT

A. As a result of this IFB, TSS OSP intends to award a contract to a single Contractor (see Contractor

Selection).

B. The anticipated starting date for any resulting contract will begin at date of award, 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.

1.4 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.

H. “Department” means the Arkansas Division of Corrections (DOC).

I. “Gross Weight” means the weight of the truck when fully loaded with crops as determined by the DOC scales.

J. “Scale Ticket” means a ticket that shows information about the load at time of pick up, such as date, time, commodity, destination, Tare Weight, Gross Weight, and Net Weight.

K. “Buyer’s Ticket” means a ticket that shows information about the load at time of delivery, such as date, time, commodity, Tare Weight, Gross Weight, and Net Weight and Buyer Information.

L. “Tare Weight” means the combination weight of an empty truck and an empty trailer prior to loading crops as determined by the DOC scales.

M. “Net Weight” means the weight of the crops being hauled, excluding the weight of the truck.

1.5 CONTRACTOR SELECTION

A. Award is expected to be made to the responsive and responsible Prospective Contractor determined to have submitted the lowest bid that meets the Requirements and criteria set forth in the IFB, based on the Grand Total Estimated Cost for the Initial Term of the Official Bid Price Sheet submitted by the Prospective Contractor.

B. If the State so 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.

1. 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.

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

D. 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.

E. 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.

1.6 CLARIFICATION OF SOLICITATION

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

Time on or before September 21, 2023.

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

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 September 25, 2023. 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 Procurement Specialist of any term, condition, etc., that precludes the Prospective Contractor from submitting a 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 Procurement Specialist 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.

1.7 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.

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

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

c. Completed Official Bid Price Sheet attached as a separate excel spreadsheet to the Solicitation posting in ARBuy.

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 (Price per CWT) on the estimated quantity and unit of measure specified. In the orange shaded cells, the Prospective Contractor shall enter the price per hundredweight (Cwt = 100 pounds) for the estimated number of pounds of crops to be delivered to the various radial distances from the site location as provided.

• 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 TSS OSP Procurement Specialist at least seventy-two (72) hours before the bid opening time.

iv. Prices must be firm offers and adjustments may be negotiated biannually for potential price increases.

v. 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.

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

vii. 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 § 19-11-104, OSP requires a Prospective Contractor bidding on a state contract to submit a copy of the Prospective Contractor’s https://arbuy.arkansas.gov/

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, section 14)

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, section 11)

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

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

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

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

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

F. Prospective Contractors may submit multiple bids.

https://www.transform.ar.gov/wp-content/uploads/Services-Contract-SRV-1-Fillable-Form-V.3.6.27.22.pdf https://www.transform.ar.gov/wp-content/uploads/Services-Contract-SRV-1-Fillable-Form-V.3.6.27.22.pdf https://www.section508.gov/sell/vpat/

SECTION 2 – SPECIFICATIONS AND REQUIREMENTS

2.1 BACKGROUND INFORMATION

The Cummins Unit is located approximately twenty-eight (28) miles south of Pine Bluff and five (5) miles south of Grady in Lincoln County, Arkansas.

A. Peak season for crop hauling services is August through October.

B. Historically, corn is harvested August through September, soybeans are harvested August through November, and wheat is harvested in June.

C. All quantities of commodities to be hauled are estimates based on approximate annual crop yields and not guaranteed. Department needs may vary; DOC reserves the right to increase or decrease the quantities on an as needed basis.

D. Issuance of an award does not guarantee an order.

2.2 PROSPECTIVE CONTRACTOR QUALIFICATIONS

A. At the time of bid submission, the Prospective Contractor shall have an adequate number of vehicles, drivers, and other necessary equipment and supplies currently available to provide the services specified in this IFB.

B. Prospective Contractor’s drivers shall possess a current Commercial Driver License (CDL) throughout the term of any contract resulting from this IFB.

C. Prospective Contractor shall have and maintain a minimum of $1,000,000.00 liability coverage on Contractor’s vehicles, equipment, and crops in transit throughout the term of a resulting contract, including all renewal periods.

1. Prior to award, the Prospective Contractor shall submit certificates of insurance as proof of required insurance and each year prior to each renewal.

2.3 SITE LOCATION OF CROPS

A. Drivers shall plan in a manner that does not delay pick-up and delivery of crops. Crop hauling from the Cummins Unit will be out of the fields and drivers may experience long wait times to get loaded.

Therefore, there could be long waits to get loaded in case of unforeseen circumstances.

B. Cummins Unit has no set hours of operations. Contractor shall be available to provide Cummins Unit with crop hauling services on time as requested, seven (7) days per week, 365-days per year, holidays as needed.

C. Crops are grown and hauled from:

Department of Corrections Cummins Unit 2540 State Hwy. 388 Lincoln, AR 71643-9634

2.4 GENERAL REQUIREMENTS

A. Prior to entering DOC property, the Contractor shall provide a list of trucks and/or trailers, identified by license plate number, to the Cummins Unit manager or designee.

1. Contractor shall notify DOC of changes in trucks, trailers, and/or license plate numbers as soon as reasonably possible, but not more than fourteen (14) calendar days after the change occurs.

B. The Contractor shall provide trucks, trailers, and drivers within four (4) hours of the request by the Cummins Farm manager or designee with the minimum quantity of four (4) trucks with hopper bottoms to haul crops and not delay harvest. If the successful Contractor cannot respond within four

(4) hours from the request, alternative sources can be used to haul the crops if agreed upon by DOC and the Contractor.

C. Contractor shall allow DOC to search all vehicles entering DOC property at any time for illegal or smuggled freight. If illegal or smuggled freight is found, DOC will notify the appropriate authorities and the driver will be subject to charges being filed against them.

D. Contractor shall adhere to DOC guidelines and procedures at all times.

E. The Contractor will be paid only for those loads properly documented and reported to the appropriate Department of Corrections Farm office.

2.5 TRUCK AND TRAILER REQUIREMENTS

A. Within four (4) hours of request from DOC, the Contractor shall provide four (4) dump trucks and/or hopper bottom trailers for hauling crops, as specified from DOC at the time of request.

1. If the Prospective Contractor cannot supply the trucks and/or trailers and drivers within the requested four (4) hour time frame, DOC has the option to hire other trucks to haul the crops.

The Contractor shall reimburse DOC for all cost incurred that exceeds the contracted price.

2. Trucks and/or trailers must have an 11-foot maximum clearance that will allow loading by grain carts.

B. When requested by the Cummins Unit farm manger or designee and depending on the volume of crops to be hauled, the Contractor shall supply additional trucks and drivers within three (3) hours of notification from the Department.

2.6 DRIVER REQUIREMENTS

A. Drivers shall present their CDL license to the DOC guard located in the guard shack before proceeding onto DOC property.

B. Since all DOC facilities are tobacco free, drivers shall lock all tobacco products inside the driver’s vehicle.

C. Drivers shall keep their cell phone(s) secured in their possession at all times.

D. Drivers shall remove key from the ignition, lock the vehicle, and keep keys in their possession when vehicles are left unattended.

2.7 LOADING, WEIGHING, AND HAULING REQUIREMENTS

A. Prior to the truck and/or trailer being loaded with crops, the driver shall have the empty truck and/or trailer weighed on the DOC scales to establish a Tare Weight.

B. After the Tare Weight is established, the DOC scale operator will enter the Tare Weight on a Scale Ticket showing the weight of the empty truck. The driver shall proceed to the fields to load the trucks and/or trailer with crops.

C. After loading the crops into the truck and/or trailer, the driver shall proceed back to the DOC scales to obtain the Gross Weight. Note: DOC will allow drivers a onetime drive through to the weigh station for each load.

1. Drivers shall not add to or subtract from the current load once they reach the DOC scales.

D. After obtaining the Gross Weight, the DOC scale operator will complete the Scale and Buyer’s Tickets.

E. The DOC scale operator and driver must sign and date the Scale and Buyer’s Ticket. Copies of the Scale and Buyer’s Ticket will be given to the driver.

F. The driver shall deliver the crops to the buyer at the destination specified on the Buyer’s Ticket.

1. The Scale and Buyer’s Ticket must be signed and dated by the buyer and the tickets given back to the driver.

G. After completion of crop delivery, the driver shall return the signed copy of the Scale Ticket and the Buyer’s Ticket to the Cummins Unit Farm Operation Office within three (3) calendar days for reimbursement.

H. Drivers shall adhere to the legal weight limits of each load and shall pay all penalties incurred for overloading.

2.8 DELIVERY

A. Contractor shall deliver crops to various locations throughout the State of Arkansas as required by the Cummins Unit at the time services are provided.

B. Contractor shall not invoice any additional delivery fees to a third-party buyer when providing crop hauling services under any resultant contract.

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

TABLE A: PERFORMANCE STANDARDS

Criteria Standard Damages

Response Time Within four (4) hours of request from DOC with the required number of trucks and drivers.

$100 credit on next invoice generated for each instance during the month whereby the Contractor fails to provide trucks and drivers within four (4) hours of request from DOC.

Contractor shall reimburse DOC for all associated cost incurred by DOC that exceeds the contract price to hire another company to haul crops.

Signed and dated Scale and Buyer’s Tickets returned

Within three (3) Business Days of crop delivery.

10% reduction to the Contractor’s invoice for each instance where the Contractor’s driver does not meet the three (3) Business Days delivery Requirement.

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 (OSP Rule R1:19-11-235).

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 § 19-11-240 and 19-11-245).

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.

D. 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. 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).

C. 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.

https://www.ark.org/vendor/index.html?_ga=2.231672543.1782009942.1693919943-292160598.1646079585

D. 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.

E. 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.

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

F. 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.

3.3. MINORITY AND WOMEN-OWNED BUSINESS

A. A minority-owned business is defined by Arkansas Code Annotated § 15-4-303 as a business owned by a lawful permanent resident of this State who is:

• African American

• American Indian

• Asian American

• Hispanic American

• Pacific Islander American

• A Service-Disabled Veteran as designated by the United States Department of Veteran Affairs

B. A women-owned business is defined by Act 1080 of the 91st General Assembly Regular Session 2017 as a business that is at least fifty-one percent (51%) owned by one (1) or more women who are lawful permanent residents of this State.

C. The Arkansas Economic Development Commission conducts a certification process for minority-owned and women-owned businesses. If certified, the Prospective Contractor’s Certification Number should be included on the Bid Signature Page.

3.4. 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 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 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.transform.ar.gov%2Fwp-content%2Fuploads%2FServices-Contract-SRV-1-Fillable-Form-V.3.6.27.22.pdf&data=05%7C01%7Cbrandi.schroeder%40arkansas.gov%7C9a1a244ccb3c41e3116e08db39ea4a05%7C5ec1d8f0cb624000b3278e63b0547048%7C0%7C0%7C638167450648138830%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=vJT2HAmMqM7FwUbkgVGtr%2B%2FlT%2B8b43e9Zz0oayZPGiY%3D&reserved=0 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.