S000000068 IFB Statewide Groceries .pdf

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: S000000068 Solicitation

Issued: November 08, 2021

Description: Groceries

Department: Statewide

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Bid Opening Date: November 23, 2021 Bid Opening Time: 2:00pm, Central Time

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

TSS OSP Buyer: Jennifer Trancoso Buyer’s Direct Phone Number: 501-371-6070

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

TSS OSP

Website: https://www.transform.ar.gov/procurement/ https://arbuy.arkansas.gov/ mailto:Jennifer.Trancoso@arkansas.gov

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) to obtain pricing and a non-mandatory contract for the procurement and distribution of food products, including fresh, frozen, canned, meats, dairy, poultry, powdered, and bakery items. The volume of the contract will be an estimated $505,000.00, annually. The anticipated heaviest users for State Agencies will be the Arkansas Department of Human Services, Arkansas Department of Community Corrections, Arkansas State Police Training Academy, Arkansas School for the Deaf and Arkansas School for the Blind. Arkansas public schools and other governmental entities, e.g., cities, counties, municipalities, may also purchase from the resulting contract as cooperative participants.

Estimated quantities provided within this IFB and within the ARBuy line item pricing do not include cooperative participants and are given in good faith as a courtesy to Prospective Contractors. Actual ordering quantities may be more or less than the given estimates. Ordering will be done on an as needed basis. Direct all questions, comments, or concerns you may have regarding this solicitation to the TSS Office of State Procurement.

1.2 LIVE BID OPENING

Use the information below to view the bid opening online.

Zoom Meeting Link:

https://arkansas-gov.zoom.us/j/82122118896?pwd=UXRocDRnVmVsbGpEVnVmRUF5eExOZz09 Meeting ID: 821 2211 8896

Meeting Password: 969565 Dial-In Information: 877 853 5257 US Toll-free 888 475 4499 US Toll-free

1.3 CLARIFICATION OF SOLICITATION

A. Submit any questions requesting clarification of information contained in this Solicitation via the solicitation posting in ARBuy by midnight, Central Time on or before November 16, 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 November 22, 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. “Business Day” means a day occurring Monday through Friday excluding State Holidays. A current listing of State Holidays can be found on the Arkansas Secretary of State’s website at https://www.sos.arkansas.gov/news/state-holiday-calendar

J. “Inside Delivery” means delivery to a building with or without an accessible dock where the product ordered is brought into the building by the delivery driver to certain rooms or areas.

K. “Political Subdivision” means cities, counties, municipalities, and school districts in the State of Arkansas.

L. “Business Hours” means Monday through Friday, 8:00 a.m. to 4:30 p.m. Central time, excluding State holidays.

M. “Purchasing Entity” means State Departments and Political Subdivisions that make purchases from the resulting contract.

1.5 GENERAL REQUIREMENTS

A. Contractor shall comply with Federal and State laws applicable to the products provided including but not limited to USDA regulations and standards.

B. Contractor shall provide products from Federally inspected and approved plants.

C. Contractor shall provide products that conform to the minimum Requirements of Federal and State regulations concerning, but not limited to:

1. Grade

2. Weights and Measures https://www.sos.arkansas.gov/news/state-holiday-calendar https://www.sos.arkansas.gov/calendar/ https://www.sos.arkansas.gov/calendar/

3. Packaging

4. Product Safety

5. Shelf Life

6. Food Safety Guidelines

7. Proper Identification of Allergens

D. Shipments must be billed at the contract prices in effect at the time of the order, not the date the shipment is made.

E. All products must conform to state, federal and industry standards with respect to safety. The Prospective Contractor, by their signature on this IFB, agrees to hold the state harmless in the event of product failure.

F. All applicable food products required in this IFB must meet regulations from the FDA under Title 21, Code of Federal Regulations (CFR), Parts 131-169.

G. Products must be transported to the point of delivery in a vehicle equipped and able to maintain a temperature range for chilled products between 33 degrees and 40 degrees Fahrenheit (F) and between 0 degrees and 20 degrees F for frozen products.

1.6 SHELF LIFE

A. The products listed below must have a minimum shelf-life date from the time of delivery as follows:

1. Six (6) Months – powdered milk, dried fruit and vegetables, crackers.

2. One (1) Year – canned, condensed meat and vegetable soups, canned fruits, fruit juice, canned vegetables, peanut butter, jelly, and nuts.

B. All other products must have a minimum sixty (60) day shelf life from the time of delivery.

1.7 RECALL PROGRAM AND PROCEDURES PLAN

A. At time of bid submission, Prospective Contractor must have a recall program and procedures plan in place and shall submit a copy as requested by TSS OSP throughout the contract term(s).

1. Contractor’s recall program and procedures plan must identify, track, and locate recalled products delivered to the Purchasing Entity within a twenty-four (24) hour timeframe after notification of a recall. Failure to notify TSS OSP within a twenty-four (24) hour timeframe of recalled product may result in Contract cancellation.

B. Contractor shall notify TSS OSP and Purchasing Entities via email regarding all recalls of contracted products immediately upon Contractor’s knowledge of the recall(s).

C. Contractor shall perform a mock recall procedure once per contract year. If requested by TSS OSP, the Contractor shall email the results and a written summary to the TSS OSP buyer.

1.8 MANUFACTURER SPECIFICATION SHEETS

A. The Prospective Contractor shall submit complete, current, and up-to-date manufacturer specification sheets for all items being bid in the Prospective Contractor’s bid response. After award, all additional manufacturer specification sheets requested by TSS OSP must be submitted within twenty-four (24) hours of request.

B. Specification sheets must be submitted in electronic form with the bid response in either Adobe PDF or a Microsoft Excel/Word document.

C. Manufacturer’s specification sheets must include, but are not limited to include the following information:

1. Nutritional Information

2. Serving Size

3. Ingredients

4. Allergen Information

1.9 CHILD NUTRITION LABELING

A. All products offered must be accompanied with Child Nutrition (CN) Labeling, as applicable.

B. CN-labeled products must have the following information printed on the principal display panel of the label:

1. Product Name

2. Ingredient listing in descending order of predominance by weight for all ingredients

3. Inspection legend for the appropriate inspection

4. Establishment number (for meat, poultry & seafood items only)

5. Manufacturer or distributor's name and address.

6. CN label statement

C. CN Label statement must be an integral part of the product label and must include the following information:

1. CN logo, which is a distinctive border around the CN statement.

2. A six-digit product identification number that will appear in the upper right-hand corner of the CN Label statement.

3. The statement of the product's contribution toward meal pattern requirements for the Child Nutrition Program.

4. A statement specifying that the use of the logo and CN label statement is authorized by USDA Food and Nutrition Service.

5. The month and year the label was approved by USDA Food and Nutrition Service.

1.10 PRODUCT, PACKING, AND LABELING STANDARDS

A. All packaging and packing must be in accordance with good commercial practice and with the national

UPC bar coding complying with the Federal Food, Drug and Cosmetic Act and regulations promulgated there under.

B. USDA nutritional labels must be included on products delivered to institutions requesting this labeling (such labeling is mandatory for customers receiving National School Lunch Program reimbursement).

C. Shipping containers must comply with the National Motor Freight Classification and Uniform Freight Classification Code.

D. Semi-perishable items must be snugly packed in shipping containers that fully comply with the National Motor Freight Classification and Uniform Freight Classification Code, as applicable.

1. All meats, poultry, and seafood must be vacuum packed when practicable. In all instances packaging must protect the product from freezer burn and contamination.

2. All fresh poultry items must be packed in ice-packed cartons or gas-flush cartons.

3. All fresh seafood items must be in ice packed cartons.

E. Frozen product must be processed and packed to allow removal of the individual units from the container without damage to that or other units. The intent is to be able to remove only that amount of product required for current needs, without the necessity of defrosting the entire container.

F. All products must be delivered in first-class condition. No damaged cans, boxes, or bags will be accepted.

G. Damaged packages, i.e., torn, crushed or otherwise exposed to the elements or damaged in any manner will be refused at the Purchasing Entity’s discretion. Contractor shall replace all damaged items refused.

H. Products delivered must be from the latest season’s pack. Pack dates on all items delivered must not be more than 120 days old unless written permission is given by the Purchasing Entity.

I. Contractor shall provide master containers that are marked with accurate date codes concerning expiration dates and/or pack dates.

J. Contractor shall provide products packaged in new, sanitary, and undamaged containers or cartons which must not be expired, salvaged, distressed, or spoiled in any manner.

K. Contractor shall provide only fresh, unspoiled products.

1.11 PRODUCT SUBSTITUTIONS AFTER AWARD

A. Contractor shall not substitute or permanently replace an item on the contract unless prior notice is submitted to and approved by TSS OSP.

B. Substitution requests must be submitted via email to the TSS OSP buyer listed on page 1 of this IFB or other TSS OSP contact as may be provided during the contract terms.

C. Contractor shall submit substitution requests to TSS OSP, referencing the current line-item number, description, unit of measure, and current pricing for each product type for which the Contractor is requesting substitution.

D. Substitutions must be intended for the duration of the contract and affect grocery and related products ordered after the effective date of substitution.

E. Approved substitutions will become effective on the first Business Day of the month following approval.

F. Contractor’s requested substitutions must provide same or similar nutritional values and flavor profiles.

G. Contractor shall attach a copy of the manufacturer’s product specifications sheet or other informative document as approved by TSS OSP for the original product and for the substitution product(s).

H. Contractor shall provide the substitution at the same or lower cost as the product being substituted.

I. Contractor shall provide the Purchasing Entity the opportunity to accept and/or reject the substitution of any product listed on the original Purchase Order(s).

J. The Purchasing Entity will notify the Contractor to pick up any substituted product(s) should they find the substituted product(s) unacceptable.

K. The Purchasing Entity reserves the right to cancel the original Purchase Order(s) if substituted product(s) is unacceptable.

1.12 PRODUCT CANCELLATIONS AFTER AWARD

A. In the event a contracted product ceases to be produced or is otherwise no longer available to the

Contractor and there are currently no other products that can be used for substitution, either due to nutritional values or flavor profiles, the Contractor shall:

1. Notify the TSS OSP buyer via email as provided by TSS OSP, prior to depletion of Contractor’s inventory or as soon as the Contractor is aware of the production ceasing for the product, whichever comes first.

1.13 KEY PERSONNEL AND CUSTOMER SERVICE

A. At Contract award, Contractor shall provide contact information for a representative who will be the

State’s single point of contact.

B. The Contractor’s representative shall provide customer service and ordering support via phone and via email from 8:00 a.m. to 5:00 p.m., Central Time on Business Days.

C. In all instances, the Contractor shall respond to and make every reasonable effort to resolve all customer service and support phone calls and emails within one (1) Business Day of contact by the State.

D. At any time during the term(s) of a contract resulting from this IFB, the Contractor shall replace the Contractor’s representative, if requested by TSS OSP.

E. The Contractor shall replace the representative within ten (10) Business Days of receipt of replacement request from TSS OSP.

F. The Contractor shall provide accurate billing and shall provide manual and electronic invoicing options, as requested by the Purchasing Entity.

1.14 PRICE ADJUSTMENTS

A. Price adjustments will only be considered quarterly. Price adjustment requests must be approved by

TSS OSP.

B. The Contractor shall submit price adjustment requests to TSS OSP’s Contract Administrator within ten (10) Business Days prior to the first Business Day of the calendar quarter in which the price adjustment will become effective. For example, should a Contractor need a price adjustment to be effective April 1, 2022 (first Business Day of the second calendar quarter), the Contractor shall submit the request to TSS OSP’s Contract Administrator not later than March 18, 2022 (ten (10) Business Days prior to the first Business Day of the applicable quarter.

1. If submitted in accordance with this IFB, approved price adjustments will become effective on the first Business Day of the calendar quarter following the calendar quarter in which the price adjustment was requested.

C. All requests for price adjustments must be submitted in writing to TSS OSP’s Contract Administrator and must include supporting documentation to justify all price increase requests. The price adjustment request must include the following information:

1. Contract item number.

2. Description of product (brand, size, weight, etc.).

3. Current contracted price.

4. Contracted item’s unit of measure (case, pound, ounces, etc.).

5. Requested price.

6. Price adjustment’s percentage increase or decrease above or below the current contract price.

7. Effective Date of the price adjustment.

8. Supporting documentation to support a price increase request.

D. Price increase requests must be based on an increase realized by the entire product network and be reflective of an increase to all distributors, not to this contract alone.

E. The State reserves the right to reject any proposed price increase.

F. In the event of a general price decrease, the Contractor shall provide the State with the full benefit of the price reduction for all undelivered purchase orders on the effective date of the decrease and thereafter.

G. The State of Arkansas may monitor reductions by requesting the manufacturer to provide cost comparison data at any time after the first six (6) months of the contract to reflect base cost (at time of award) to current cost (at time of request).

H. Increases will not be considered to increase profit or margins.

I. TSS OSP has the right to approve or deny the request.

1.15 ANNUAL REPORTS

A. By the last Business Day of each January, the Contractor shall submit an annual report for data from the previous calendar year (January-December).

B. The annual report must include all purchases made on the contract including but not limited to purchases made by State Departments and Political Subdivisions.

C. The annual report must include the following information about each of the items ordered for the prior year:

1. Item Number

2. Item Description

3. Product Category

4. Sales price

5. Total quantity purchased

6. Gross Sales

7. Name of Purchasing Entity

D. Unless otherwise requested and/or approved by TSS OSP, all reports must be submitted in a spreadsheet file via email to the TSS OSP buyer.

E. All prices and sales amounts must be submitted in U.S. dollars and cents.

1.16 MINIMUM ORDER REQUIREMENTS

A. The Contractor shall not place any restrictions or requirements on the quantities that can be ordered, delivered, or on the ordering frequency.

B. Orders placed against this contract must be in the form of a written Purchase Order and will be on an as needed basis by each Purchasing Entity.

C. The Contractor shall not accept walk in or verbal orders. The Purchase Order must be in the

Contractor’s possession prior to shipment.

1.17 ACT 617 of 2017 COMPLIANT PRODUCTS

A. Act 617 0f 2017 was enacted by the General Assembly of the State of Arkansas to facilitate a Local

Food, Farm, and Jobs Act.

1. The objective of Act 617 of 2017 is for State agencies to support local farms and for each

Purchasing Entity to make it a goal to spend twenty percent (20%) of their budget on Local Farm or Food Products.

B. Contractor shall indicate on the Additional Information section included in the Bid Response

Packet which food products, if any, comply with Act 617 of 2017.

1.18 DELIVERY: FOB DESTINATION

A. The Contractor shall provide delivery to Purchasing Entities located within the State of Arkansas.

B. All deliveries must be made during Business Hours and within the agreed upon number of days unless otherwise arranged and coordinated with the Purchasing Entity. The Contractor shall give the Purchasing Entity and TSS OSP immediate notice of any anticipated delays or plant shutdowns that will affect the delivery requirement.

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

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

E. The Contractor shall make delivery to the Purchasing Entity’s location within seven (7) Business Days after receipt of the purchase order unless an extended delivery timeframe is requested or approved by the Purchasing Entity.

1. If the seven (7) Business Day delivery timeframe cannot be met, then on the Additional Information form in the Bid Response Packet, the Prospective Contractor must state the alternate number of days required to begin the service and/or place the commodity in the ordering Purchasing Entities designated location. Failure to state the alternate delivery time obligates the Contractor to complete delivery within the stated timeframe. Extended delivery dates may be considered when in the best interest of the State.

F. If requested by a Purchasing Entity, Contractor shall provide the Purchasing Entity with twenty-four-hour advance notice prior to delivery.

G. Damaged packages or goods of any kind will be rejected, and credit shall be issued to ordering agency.

1.19 DELIVERY LIMITATIONS

A. Each delivery location may have specific delivery requirements such as having specific delivery window times or the need for delivery vehicles with a liftgate. Exact delivery requirements, if any, will be communicated by the Purchasing Entity at the time of order.

B. Contractor shall work with the Purchasing Entity as necessary and mutually agreeable to provide delivery according to the Purchasing Entity’s needs.

1.20 ANTICIPATED DELIVERY LOCATIONS

A. Listed below are the anticipated delivery locations. The following list is provided as a courtesy to Prospective Contractors and is not meant to be all inclusive. The Contractor shall provide delivery to Purchasing Entities throughout the State of Arkansas as requested during the contract terms.

Human Development Centers- Arkadelphia, Booneville, Conway, Jonesboro, Warren

Department of Community Correction- Fayetteville (NWA), Little Rock (CAC), Malvern (OTV), Osceola (NEA), Pine Bluff (SEA), Texarkana (SWA)

Arkansas Health Center- Benton

AR Career Training Institute- Hot Springs

Law Enforcement Training Academy- East Camden

School for the Blind- Little Rock

School for the Deaf- Little Rock

State Police Academy- Little Rock

1.21 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.

1.22 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.

PERFORMANCE STANDARDS

Service Criteria Acceptable Performance Damages for Insufficient Performance

Quality

Contractor provides only fresh/frozen unspoiled foods and related products.

20% credit on the invoice for all instances whereby the Contractor fails to provide fresh/frozen unspoiled products.

Products delivered have a shelf life as stated in the IFB.

20% credit on the invoice for each instance whereby the Contractor fails to provide products having a shelf life as stated in the

IFB.

Contractor provides products packaged in new, sanitary, and undamaged packaging and products are not expired, salvaged, distressed, or spoiled in any manner.

20% credit on the invoice for each instance whereby the Contractor fails to provide products packaged in new, sanitary, and undamaged packaging or whereby the Contractor provides products which are expired, salvaged, distressed, or spoiled in any manner.

Recall Program and Procedures Plan

Contractor notifies TSS OSP and Purchasing Entities within twenty-four (24) hours of a recall.

Contractor applies a credit of $200 to the Purchasing Entity’s account for each instance whereby the Contractor fails to notify TSS OSP and Purchasing Entities of a product recall within twenty-four (24) hours. Contractor applies an additional $50 per hour for each hour after 24 hours whereby Contractor fails to notify TSS OSP and Purchasing Entity of a recall.

Delivery of Product

Contractor delivers product to the Purchasing Entity within seven (7) Business Days after receipt of Purchase Order (or other alternate timeframe stated by the Contractor in the Contractor’s Bid Response Packet) unless an alternate delivery timeframe has been approved or requested by the Purchasing Entity.

10% percent credit on the invoice for each failure to deliver product to the Purchasing Entity within 7 Business Days of receipt of the Purchase Order or other alternate timeframe stated in the Contractor’s Bid Response Packet (unless an alternate delivery date has been approved by the ordering Purchasing Entity, in which case damages will apply to the alternate delivery date) plus an additional $50 per day for each day after 7 Business Days whereby the product is not delivered to the Purchasing Entity.

Repeated issues of delays in delivering product may result in Contract cancellation.

SECTION 2 – GENERAL INSTRUCTIONS AND INFORMATION

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

2.1 TYPE OF CONTRACT

A. As a result of this IFB, TSS OSP intends to award a contract by line item.

B. The anticipated starting date for any resulting contract is December 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 TSS OSP, 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 a line item 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. Completed Additional Information Form.

f. Exceptions Form.

g. Manufacturer’s Specification Sheets for all items being bid.

2. The following items, which must be submitted prior to a contract award to the Prospective Contractor, may also be included with the Prospective Contractor’s bid response:

a. EO 98-04 Contract & Grant Disclosure Form.

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

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

https://arbuy.arkansas.gov/

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 Commodities Contract by listing them on the Exceptions Form (See Bid Response Packet), Prospective Contractor agrees and shall adhere to all terms if selected as the successful Contractor. Items identified as non-negotiable may only be modified if the legal requirement is satisfied and approved by the State. The Standard Commodities Contract can be viewed on the TSS OSP website here (Agencies – Forms and Reporting – Solicitation Templates):

https://www.transform.ar.gov/procurement/agencies/forms-and-reporting/.

D. A Prospective Contractor’s bid may be rejected if a Prospective Contractor takes exception to any terms or conditions in the documents listed in 2.5.A and 2.5.C.

2.6 CONVENIENCE FEE

A. Convenience Fee

Contractor shall remit a convenience fee in the amount of one percent (1%) of all Contract Sales made to State, Departments, and to local entities as defined in Arkansas Code Annotated § 19- 11-206 (i.e. local governments, cities, counties, school districts, water districts, and other participants, collectively “State”). The convenience fee is based on Contractor invoice date and is effective upon the date of execution of the Contract. Contract Sales is defined as gross sale amounts less credits, taxes, regulatory fees and separately stated shipping charges not included in the unit prices. The State, at its sole discretion, may expand the applicability of this fee after providing notice to Contractors.

Unit prices are inclusive of the convenience fee and Contractor is not to charge the fee directly to the State in the form of a separate line item. Contracts shall not have separate or different prices for Department customers and local entities as defined in Arkansas Code Annotated § 19-11-206 participants.

B. Quarterly Reporting and Fee Remittance

Contractor shall submit a Sales Report documenting all contract sales, made to State and such submission, including any supplemental information submitted, is deemed public record.

The Sales Report shall be submitted, and the related convenience fee shall be remitted no later than thirty (30) calendar days after the end of each calendar quarter. The calendar quarters will end March 31, June 30, September 30, and December 31. The Sales Report must contain the following information:

1. Complete and accurate details of all sales, credits, returns, refunds, and the like for the https://www.transform.ar.gov/procurement/agencies/forms-and-reporting/ https://www.transform.ar.gov/procurement/agencies/forms-and-reporting/ reporting quarter.

2. Purchasing entity.

3. Total of Convenience Fee amount due.

4. Such other information as the State may reasonably request.

5. If no Sales were made to State during the reporting quarter, then a report shall be submitted showing zero sales and zero convenience fees due.

C. Payment of Convenience Fee

The Contractor shall timely remit Convenience Fee via Automated Clearing House (ACH) transactions, unless otherwise directed by State, to the bank account directed by the State. Failure to remit convenience fees timely and accurately in accordance with State requirements may result in Contractor’s goods and services being made ineligible for purchase by State or any other recourse available, including contract cancellation, or as further provided for by law.

D. Retention and Inspection of Records

The Contractor shall keep records of Sales to State in sufficient detail to enable the State to determine the Convenience Fee payable by the Contractor. State may examine and audit, at its own expense, Contractor’s sales records and Sales Reports for completeness and accuracy. In the event that such examination reveals underpayment of the Convenience Fee, the Contractor shall immediately pay to the State the amount of deficiency. If the examination reveals an underpayment of 5% or more, then the Contractor shall reimburse the State for the cost of the audit.