S-329 IFB Occupational Therapist Final.pdf

Rev 11/2023

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: S000000329 Solicitation Issued: May 3, 2024

Description: Occupational Therapist

Department: Arkansas School for the Deaf (ASD)

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Bid Opening Date: May 9, 2024 Bid Opening Time: 1:00 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:

Join the meeting now

Meeting ID: 255 107 407 64

Passcode: LuHH76

Call in (audio only):

Dial-in by phone

+1 501-244-3310,,500360438# United States, Little Rock

Find a local number

Phone conference ID: 500 360 438#

TSS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

TSS OSP Procurement Specialist:

Kimberly Haywood Procurement Specialist’s Direct Phone Number:

501-683-2222

Email Address: Kimberly.Haywood@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_YjI0MWY3ZjAtZjU4Mi00NGM3LWE1NmMtZDgzZTQ1NGM3YTIz%40thread.v2/0?context=%7b%22Tid%22%3a%225ec1d8f0-cb62-4000-b327-8e63b0547048%22%2c%22Oid%22%3a%22cc28c9d1-f827-4559-a990-6612d77431a4%22%7d tel:+15012443310,,500360438 https://dialin.teams.microsoft.com/6b6513dc-a034-48d2-8d06-7e711c4ecc0b?id=500360438 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) for the Arkansas School for the Deaf (ASD) to obtain pricing and a contract for an Occupational Therapist. This initial contract will be approximately thirty-eight (38) weeks at thirty-four (34) hours per week, for the school year 2024-2025.

Direct all correspondence regarding this Solicitation to TSS OSP and not to the Arkansas School for the Deaf (ASD).

1.2 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 is upon 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.

1.3 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. “ASL” means American Sign Language

I. “ADA” means Americans with Disabilities

J. “IDEA” means Individuals with Disabilities Education Act

K. “NBCOT” means National Board for Certification in Occupational Therapy

L. “OT” means Occupational Therapy/Therapist

M. “SCPI” means Sign Communication Proficiency Interview

N. “IEP” means Individualized Education Program

O. “SPC” means Special Programming Conference

P. “EPC” means Educational Programming Conference

Q. “EDR” means Existing Data Review

R. “Business Day” means Monday through Friday 8 am – 5 pm CT.

1.4 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 Estimated Annual Cost on the Official Bid Price Sheet that is attached as a separate excel document in ARBuy 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.

1.5 CLARIFICATION OF SOLICITATION

A. 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.

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

C. 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.

1.6 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.

https://arbuy.arkansas.gov/

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 document to the Solicitation posting in ARBuy. The Prospective Contractor shall enter their name in the blue shaded cell for Prospective Contractor Name. The Prospective Contractor shall enter their Unit Price Per Hour in the blue shaded cell on the Official Bid Price Sheet.

The yellow shaded cells will automatically populate.

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

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

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

iii. If pricing documents do not allow for accurate pricing, Prospective Contractor should notify the 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 at the time of contract renewal.

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 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.

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/

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.

SECTION 2 – SPECIFICATIONS AND REQUIREMENTS

2.1 PROSPECTIVE CONTRACTOR QUALIFICATIONS

A. The Arkansas Schol for the Deaf is looking for an Occupational Therapist with pediatrics who shall have a minimum of two (2) years’ experience working with students who have multiple disabilities.

B. The Prospective Contractor shall have at least two (2) years’ experience working with behavior modifications and execution of behavior plans.

C. The Prospective Contractor shall have the ability to communicate effectively and professionally with a wide variety of people.

D. The Prospective Contractor shall be able to work with students ages two (2) years to eighteen (18) years, their families, and school staff.

2.2 LICENSURE AND AMERICAN SIGN LANGUAGE REQUIREMENTS

A. The Prospective Contractor shall provide a current unrestricted occupational therapist license as approved by the Arkansas state licensing board with bid submission or within three (3) calendar days when requested by OSP and/or ASD.

B. The Prospective Contractor shall provide a current NBCOT Certification with bid submission or within three (3) calendar days when requested by OSP and/or ASD.

C. The Prospective Contractor shall have a sign language competency level of Survival Plus or higher as determined by the SCPO test and willing to work towards Intermediate Plus and shall provide a copy of the level with bid submission or within three (3) calendar days when requested by OSP and/or ASD.

D. The Prospective Contractor shall have experience providing treatment for the following using

American Sign Language (ASL):

1. Visual Perceptual Skills

2. Motor Planning Skills

3. Fine Motor Skills

4. Sensory Processing Skills

5. Sensory Equipment and Handwriting Skills

6. Creating and Implementing Sensory Diets

2.3 GENERAL REQUIREMENTS

A. Skills and Abilities

1. The Contractor shall perform all services during the school year for approximately thirty-eight

(38) weeks at thirty-four (34) hours per week.

2. The Contractor shall have strong organizational skills with attention to detail and accuracy.

3. The Contractor shall have basic computer skills to complete reports, forms, and online paperwork for meetings.

4. Contractor shall have the ability to handle multiple tasks in a very busy environment.

5. The Contractor shall have the ability to speak effectively before groups or others involved in the school setting to communicate needs for individual students.

6. The Contractor shall have the ability to read and interpret documents such as safety rules, policies, incoming therapy reports, and other school documents.

7. The Contractor shall have the ability to write routine reports and correspondence electronically.

8. The Contractor shall have the ability to carry out instructions furnished in written, oral or diagram form.

9. The Contractor shall have the ability to maintain regular and punctual attendance.

10. The Contractor shall have the ability to complete tasks in a timely manner as determined by

ASD.

11. The Contractor shall have the ability to make recommendations for adaptations in the classroom and/or dormitory as needed to follow the IDEA and ADA for students to be successful.

12. The Contractor shall be able to provide current liability insurance to ASD and as determined by

ASD.

B. Essential Functions and Basic Duties

1. The Contractor shall have the ability to navigate SEAS 2.0, the educational paperwork program used at ASD.

2. The Contractor shall have the ability to evaluate students while using ASL during appropriate testing protocols, tools, etc. within the timeline indicated on the student’s paperwork.

3. The Contractor shall create appropriate goals and objectives for each student to be turned in with each evaluation.

4. The Contractor shall input evaluation and schedule of services information into the online platform prior to meetings.

5. The Contractor shall have knowledge of due process procedures for related services for IEP students.

6. The Contractor shall schedule students onto caseload and provide therapy services according to the time indicated on the students’ IEP and/or any compensatory time required.

7. The Contractor shall provide documentation of all therapy services to Student Services and every LEA director. This documentation must be in the format of a Microsoft Word document (i.e., .doc, .docx) and is due on the IEP’s meeting date or at the Case Manager ‘s request.

8. The Contractor shall participate in meetings for students as needed including, but not limited to, the following:

a. Staffing Meetings

b. Individualized Education Program (IEP) Meetings

c. Special Programming Conference (SPC) Meetings

d. Existing Programming Conference (EPC) / Existing Date Review (EDR) Meetings

9. The Contractor shall provide feedback to teachers and staff regarding students’ classroom needs after therapy services are completed with the student and/or at the discretion of ASD.

10. The Contractor shall collaborate with other disciplines to ensure quality services for students and decrease schedule conflicts.

11. The Contractor shall communicate with parents as needed.

12. The Contractor shall communicate any needs and/or concerns with the administration.

13. The Contractor shall provide administration with updated credential(s) as needed.

14. The Contractor shall provide any adaptive equipment` or sensory equipment necessary for the student to be more successful in class.

C. Student and Family Centered Focus

1. The Contractor shall be able to work with students ages two (2) to eighteen (18) years as well as their families and the school staff.

2. The Contractor shall demonstrate and follow through on commitments to students and their families.

3. The Contractor shall manage difficult and emotional situations in a professional manner.

4. The Contractor shall respond to the students’ and families’ needs promptly and in a professional manner.

5. The Contractor shall solicit staff and/or parents for feedback to improve care for students.

6. The Contractor shall respond to requests for services and assistance made by students, families’ and/or teachers.

D. Leadership Development

1. The Contractor shall be able to incorporate leadership principles.

2. The Contractor shall foster quality focus in others, improve processes, products, and services.

E. Organizational Support

1. The Contractor shall follow all policies and procedures provided by the ASD.

2. The Contractor shall complete administrative tasks correctly and on time.

3. The Contractor shall support the ASD goals and values.

4. The Contractor shall benefit the ASD through outside activities.

F. Professionalism

1. The Contractor shall maintain an unrestricted occupational therapist license as approved by the Arkansas state licensing board for the entire duration of the awarded contract.

2. The Contractor shall maintain a current NBCOT certification for the entire duration of the awarded contract.

3. The Contractor shall follow instructions and respond to ASD management’s direction.

4. The Contractor shall take responsibility for their own actions.

5. The Contractor shall complete tasks on time or notify the appropriate person with an alternate plan.

6. The Contractor shall approach and treat others in a tactful manner, regardless of their status and/or position.

7. The Contractor shall react well under pressure.

G. Quality

1. The Contractor shall demonstrate accuracy and thoroughness.

2. The Contractor shall always look for ways to improve and promote quality.

3. The Contractor shall apply feedback to improve their work performance.

4. The Contractor shall be capable of monitoring their own work to ensure quality.

H. Safety and Security

1. The Contractor shall observe and act in accordance with safety and security procedures.

2. The Contractor shall determine appropriate action beyond guidelines.

3. The Contractor shall report potentially unsafe conditions to their Supervisor.

4. The Contractor shall use equipment and material properly.

5. When training staff, the Contractor shall ensure that the trainee is using the equipment properly.

6. The Contractor shall assess and determine any equipment that can be provided for student success and instruct on how to use the equipment properly.

I. Teamwork

1. The Contractor shall be able to balance team and individual responsibilities.

2. The Contractor shall exhibit objectivity and openness to other’s views.

3. The Contractor shall give and welcome all feedback in a professional manner.

4. The Contractor shall contribute to building a positive team spirit.

5. The Contractor shall put success of the team above own interests.

6. The Contractor shall be able to build morale and group commitment to goals and objectives.

7. The Contractor shall support everyone’s efforts to succeed.

J. Physical Requirements

1. While performing the duties of this position, the Contractor shall frequently be required to speak verbally and/or use ASL.

2. The Contractor shall be required to do the following frequently on a daily basis:

a. Sit

b. Walk

c. Use hands

d. Reach out with hands and arms to aid students

e. Stand

f. Stoop

g. Twist

h. Bend

i. Kneel

j. Crouch

k. Crawl

l. Sit on the floor and be able to stand up independently

m. Lift and/or move up to fifty (50) pounds

3. The Contractor shall have the following vision abilities:

a. Close Vision

b. Distance Vision

c. Color Vision

d. Peripheral Vision

e. Depth Perception

f. Ability to adjust focus

K. Billing/Invoices

1. The Contractor shall complete monthly calendars for Medicaid billing and send them to the Medicaid billing specialist on campus each month.

2. The Contractor shall send monthly invoices to ASD for the prior month’s services within eight (8) Business Days of the current month. For example, the Contractor shall send an invoice to ASD by May 10th for the services performed in the month of April.

2.4 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

Maintain Unrestricted Occupational Therapist License

100% Compliance Possible termination of contract

NBCOT Certification 100% Compliance Possible termination of contract

Insurance 100% Compliance Possible termination of contract

Billing/Invoices 100% Compliance Possible termination of contract

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. The Prospective Contractor represents and warrants that, prior to being awarded any executed contract resulting from this solicitation, the Prospective Contractor has taken or shall take all actions necessary to receive payment from the State through Electronic Funds Transfer (EFT) for the services and/or commodities to be provided under any such contract. This includes, without limitation, the following actions:

1. Signing documents authorizing the State to make EFT payments into a bank account designated by the Prospective Contractor.

2. Providing all information requested by the State to set up EFT payments, including either a voided check or a letter from their financial institution that contains the following information:

a. Account holder’s name

b. Account number

c. Routing number

d. Financial institution official’s contact information and signature

3. In the event the EFT information changes, the Contractor shall be responsible for providing the updated information to the State. No interest or late payment penalty will apply if payment is delayed because of the Contractor’s failure to initially provide or update information necessary for the State to make EFT payment.

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

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

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

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

D. Pursuant to Arkansas Procurement Law, the Contractor shall certify that the Contractor does not knowingly employ or contract with illegal immigrants and that the Contractor shall not knowingly employ or contract with illegal immigrants during the aggregate term of any contract with the State or any of its departments, institutions, or political subdivisions (Arkansas Code Annotated § 19-11-105).

E. 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.

F. 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.

G. 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.

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

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

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

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 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

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 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.