S000000219 IFB- Statewide PPE.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: S000000219 Solicitation Issued: 2/22/2023

Description: Personal Protective Equipment (PPE)

Department: Statewide

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Bid Opening Date: 3/22/2023 Bid Opening Time: 2:00 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 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: Austin McClane Buyer’s Direct Phone Number: 501-371-6156

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

TSS OSP

Website:

https://www.transform.ar.gov/procurement/ https://arbuy.arkansas.gov/ https://www.transform.ar.gov/procurement/

SECTION 1 – REQUIREMENTS

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

1.1 INTRODUCTION

This Invitation for Bid (IFB) is issued by the TSS Office of State Procurement (TSS OSP) for the OSP to obtain pricing and a contract to provide Personal Protective Equipment (PPE) Statewide use by all State agencies as well as possible utilization by various public entities.

Personal Protective Equipment (PPE) includes but is not limited to masks, face shields, goggles, glasses, isolation gowns, coveralls, caps, booties, nitrile, filters, hand sanitizer, disinfectant cleaner and wipes, in accordance with the provisions and requirements stated in this IFB.

Direct all questions, comments, or concerns you may have regarding this solicitation to the TSS Office of State Procurement.

Note: Previous versions of this IFB were released under S000000155 and S000000200. Prospective Contractors should review the entire IFB document and its attachments, as some requirements may have changed. The Q&A with responses from the previous postings have been included with this IFB posting as Attachment A.

1.2 LIVE BID OPENING

Use the information below to view the bid opening online.

Teams Meeting Link: Click here to join the meeting

Meeting ID: 214 275 177 830

Meeting Password: rc5dZE

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 3/5/2023.

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 3/10/2023. 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 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.

https://teams.microsoft.com/l/meetup-join/19%3ameeting_ZjQ3MTQ2N2MtMDQ4MC00NjQxLWI2NmQtMDlkN2JkNWJlODQ0%40thread.v2/0?context=%7b%22Tid%22%3a%225ec1d8f0-cb62-4000-b327-8e63b0547048%22%2c%22Oid%22%3a%2276b67dc6-870d-48b1-861f-b3cbdd49eeb2%22%7d

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 responsible bidder who submits a Responsive Bid in response to this solicitation.

D. “Requirement” means something required.

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

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

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. “AMMI” – means the Association of the Advancement Instrumentation® (AAMI)

1.5 ALL OR NONE AWARD CRITERIA

Contractor shall bid all items on the Official Bid Price Sheet in order to be considered for award.

Contracts shall be awarded on an all or none basis.

1.6 MINIMUM DISCOUNT OFF LIST

A. Pricing provided must be based on a minimum percentage discount off of list price. Prospective

Contractor may offer additional discounts to purchasing entities at time of order based on order quantities, etc.

B. A bid of zero (0) percent off of list price shall not be acceptable. Prospective Contractors bidding no or zero (0) percent discount off of list shall have their proposals rejected.

C. Minimum percentage discount off list proposed must be held for the life of the contract. Prospective

Contractor may make updates to list pricing at time of renewal but shall be expected to offer the same or greater discount off list for the products as submitted in the original proposal.

1.7 ESTIMATED QUANTITIES

A Contract resulting from this solicitation shall be an estimated quantity Contract. No specific quantities are represented or guaranteed, and the State provides no guarantee of individual authorized user participation. The Contractor shall furnish all quantities actually ordered at or below the Contract prices.

The individual value of each resultant Contract is indeterminate and will depend upon the number of Contracts issued and the competitiveness of the pricing offered. Authorized users will be encouraged to purchase from Contractors who offer the products and pricing that best meet their needs in the most practical and economical manner.

1.8 GENERAL REQUIREMENTS

A. All products must include an easily locatable production and expiration date.

B. All products must have at least 75% of their shelf life remaining at time of delivery.

C. The Contractor shall provide samples of proposed items for evaluation purposes upon request.

1.9 USDA APPROVAL

United States Food and Drug Administration (FDA) approval(s) must be obtained prior to the Bid Opening Date. An Emergency Use Authorization (EUA) issued by the FDA for certain PPE and Related Devices in response to COVID-19 is not being recognized for the purposes of this Solicitation and will not be accepted for any of the PPE and related items in the Lots below.

1.10 LOT 1: N95 RESPIRATORS

A. N95 SURGICAL RESPIRATOR

1. Must be National Institute of Occupational Safety and Health (NIOSH) certified N95 mask that is currently listed on the Centers for Disease Control and Prevention (CDC) website:

https://www.cdc.gov/niosh/npptl/topics/respirators/disp_part/respsource3surgicaln95.html

2. Packaging: The NIOSH approval label must be found on or within the packaging of the respirator and/or on the respirator itself.

3. The required labeling of NIOSH-Approved N95 filtering facepiece respirators must include the

NIOSH name, the approval number, filter designations, lot number, and model number to be printed on the respirator.

B. N95 INDUSTRIAL RESPIRATOR

1. Must be National Institute of Occupational Safety and Health (NIOSH) certified N95 mask that is currently listed on the Centers for Disease Control and Prevention (CDC) website:

2. www.cdc.gov/niosh/npptl/topics/respirators/disp_part/N95list1.html

3. Packaging: The NIOSH approval label must be found on or within the packaging of the respirator and/or on the respirator itself.

4. The required labeling of NIOSH-Approved N95 filtering facepiece respirators must include the NIOSH name, the approval number, filter designations, lot number, and model number to be printed on the respirator.

C. QUALITATIVE FIT TEST (QLFT):

1. Kits offered must include all components necessary to complete a fit test for N95 respirator or

PAPR.

2. Prospective Contractors are encouraged to provide pricing for replacement components of kits offered on Table 2: Optional Non-Evaluated Items on the Official Bid Price Sheet.

3. Potential Contractors must include manufacturer’s instructions for rapid disinfection of all parts that are considered reusable by the manufacturer.

4. Must meet the performance criteria for fit testing respirators under OSHA 29 CFR 1910.134, Appendix A.

https://www.cdc.gov/niosh/npptl/topics/respirators/disp_part/respsource3surgicaln95.html http://www.cdc.gov/niosh/npptl/topics/respirators/disp_part/N95list1.html

5. Three OSHA-accepted test agents for this bid include:

a. Isoamyl acetate (banana smell – only for testing respirators with organic vapor cartridges)

b. Saccharin (sweet taste – can test respirators with a particulate filter of any class)

c. Bitrex (bitter taste – can also test respirators with a particulate filter of any class)

1.11 LOT 2: MASKS (SURGICAL, CLEAR VIEW, and NON-SURGICAL)

A. ASTM LEVELS OF PROTECTION:

1. Level 1 must include: 80mmHG resistant to penetration by synthetic blood more than 4.0 differential pressure mmH2O/CM2, greater than or equal to 95% Bacterial Filtration Efficiency (BFE), greater than or equal to 95% Submicron Particulates Filtration Efficiency (PFE) at .1-micron, Class I flame spread.

2. Level 2 must include: 2020mmHG resistant to penetration by synthetic blood more than 5.0 differential pressure MMH2O/CM2, greater than or equal to 98% Bacterial Filtration Efficiency (BFE), greater than or equal to 98% Submicron Particulates Filtration Efficiency (PFE) at .1-micron, Class I flame spread.

3. Level 3 must include: 160mmHG resistant to penetration by synthetic blood more than 5.0 differential pressure MMH2O/CM2, greater than or equal to 98% Bacterial Filtration Efficiency (BFE), greater than or equal to 98% Submicron Particulates Filtration Efficiency (PFE) at .1-micron, Class I flame spread.

B. SURGICAL MASKS

1. Must be FDA approved under 21 CFR 878.4040 as Class II Medical Devices.

2. Must be FDA Class II 510(K) premarket approved.

3. Must have Ear loops or ties.

4. Must comply with ASTM F2100-19 level standards.

5. Any ASTM Level of Protection is acceptable.

C. NON-SURGICAL/ NON-MEDICAL MASKS

1. Must have three-layer protection.

2. Must have adult and children’s sizes.

3. Must have individually and non-individually wrapped options.

4. Must be disposable.

5. Must have adjustable nose piece.

6. Must fit flush to the face.

7. Must have ear loops or ties.

1.12 LOT 3: FACE SHIELDS & GOGGLES (MEDICAL & NON-MEDICAL)

A. MEDICAL FACE SHIELDS

1. Must be regulated by FDA under 21 CFR 878.4040.

2. Must have class I Flammability Rating.

3. Must feature Anti-fog with clear visibility.

4. Must feature large area of anti-splash.

5. Must be disposable.

6. Must be full length.

7. Must be all plastic with attached foam cushion headband.

8. Must be available with or without a glasses frame.

B. MEDICAL GOGGLES

1. Must have anti-fog coating & ventilated.

2. Must be fully adjustable comfort strap.

3. Must feature a stable, sturdy construction.

4. Must feature wide nasal flares.

1.13 LOT 4: GLOVES

A. NITRILE GLOVES

1. Must be available in sizes S-XL.

2. Must be nitrile.

3. Must be disposable.

4. Must be non-sterile.

5. Must not be black.

6. Must be latex free, protein free, powder free, and chemical accelerator free.

7. Must be ambidextrous with beaded cuffs.

8. Must be 4 mil in thickness

9. Must offer both a fingertip textured and fully textured option for enhanced grip.

10. Must meet FDA 510K requirements as a medical device.

B. PURPLE NITRILE GLOVES

1. Must be available in sizes S-XL.

2. Must be nitrile.

3. Must be disposable.

4. Must be non-sterile.

5. Must be chemo tested.

6. Must be latex free, protein free, powder free, and chemical accelerator free.

7. Must be ambidextrous.

8. Must be 4 mil in thickness.

9. Must meet FDA 510K requirements as a medical device.

C. EXTENDED CUFF NITRILE GLOVES

1. Must be available in sizes S-XL.

2. Must be nitrile.

3. Must feature an extended cuff of 12 inches (“).

4. Must be disposable.

5. Must be non-sterile.

6. Must be available with aloe.

7. Must be latex free, protein free, powder free, and chemical accelerator free.

8. Must be ambidextrous.

9. Must be 4 mil in thickness.

10. Must meet FDA 510K requirements as a medical device.

1.14 LOT 5: GOWNS & COVERALLS (ISOLATION, SURGICAL (DISPOSABLE & REUSABLE), and

COVERALLS)

A. LEVELS OF PROTECTION:

1. Level 1 must include: Minimal risk of bodily fluid exposure.

2. Level 2 must include: Low risk of bodily fluid exposure.

3. Level 3 must include: Moderate risk of bodily fluid exposure.

4. Level 4 must include: High risk of bodily fluid exposure.

B. DISPOSABLE ISOLATION GOWNS

1. Must be single use Level 1 & Level 2 isolation gowns that meet Association for the Advancement of Medical Instrumentation (AAMI) PB70 standards.

2. Must be single use Level 3 & Level 4 isolation gowns with level 4 meeting the standard of either NFPA 1999 garments or ASTM F1671 (pass)

3. Must be available in sizes S- XL

4. Must meet ASTM F3352-19 Standard specs for Isolation Gowns Intended for use in Healthcare Facilities:

a. Breaking strength > 7lbf

b. Tear strength > 2.3 lbf

c. Seam strength > 7lbf

5. Must include the following features:

a. Breathable

b. Non-Sterile

c. Non-Woven

d. Elastic Cuffs

e. Spunbond Melt-blown Material

f. Full Body Coverage

g. Minimum 12” Overlap in back

C. DISPOSABLE SURGICAL GOWNS

1. Any risk level (Levels 1-4).

2. Must be available in sizes S- XL

3. Must be regulated by the FDA as a Class II medical device that requires a 510(k) premarket notification.

4. Must meet ASTM F3352-19 Standard specs for Isolation Gowns Intended for use in Healthcare Facilities:

a. Breaking strength > 7lbf

b. Tear strength > 2.3 lbf

c. Seam strength > 7lbf

5. Must include the following features:

a. Breathable

b. Single use disposable or washable

c. Non-Sterile

d. Non-Woven

e. Elastic Cuffs

f. Spun bound Melt-blown Material

g. Full Body Coverage

h. May cover the feet and/or head

i. Zipper closure; must have flap coverage (i.e. blue tape or Velcro)

j. Elastic wrists and cuffs; elastic face opening (if coveralls have a hood)

1.15 LOT 6: COVERS (SHOE/BOOT, HAIR, AND BLOOD PRESSURE CUFF)

A. SHOE/BOOT COVERS

1. Must meet FDA: Device Class 1 – Surgical Apparel.

2. Must be available with or without skid-resistant tread.

3. Must be constructed from following materials:

a. spunbond polypropylene (low protection, no possible fluid interaction)

b. SMS polypropylene (spunbond/meltblown/spunbond-potential fluid interaction).

c. coated polypropylene

4. Must cover Height Ranges: Ankle, Calf, and Knee.

5. Must have closure Types: Elastic or Ties.

6. Must have a fluid resistance: ASTM 1671 standard.

7. Must have slip resistance: ASTM F2413 standard.

B. HAIR COVERS (BOUFFANTS)

1. Must be FDA: Device Class 1 – Surgical Apparel (Cap).

2. Must provide coverage confines all hair and completely covers the ears, scalp skin, sideburns, and nape of the neck.

3. Must be constructed from following materials:

a. spunbound polypropylene (low protection, no possible fluid interaction).

b. SMS polypropylene (spunbond/meltblown/spunbond- potential fluid interaction- caps)

4. Must have closure type: Elastic.

5. Must have fluid resistance: ASTM 1671 standard.

C. DISPOSABLE BLOOD PRESSURE CUFF COVERS

1. Must be polypropylene 18” disposable sleeve

2. Must be Single-patient-use wrap to help reduce the risk of cross-contamination.

3. Must fit over existing equipment.

4. Must be Quick and easy to replace and remove.

5. Must be a disposable, Single-use device.

1.16 LOT 7: HAND SANITIZER (ISOPROPYL ALCOHOL)

A. LABEL REQUIREMENTS:

1. Isopropyl Alcohol Must contain at least 70% but no more than 80% isopropanol.

2. Must be in accordance with the FDA: https://www.fda.gov/drugs/drug-information-consumers/otc-drug-facts-label.

3. Must be available in 2oz, 4oz, 8oz, 12oz, 32oz, and 1-gallon sizes.

4. Products offered must not be listed on the FDA’s chart of hand sanitizers consumers should not use: https://www.fda.gov/drugs/drug-safety-and-availability/fda-updates-hand-sanitizers-consumers-should-not-use#products.

1.17 LOT 8: DISINFECTING WIPES (DISINFECTING & ISOPROPYL ALCOHOL)

A. DISINFECTING WIPES:

1. Must be disposable.

2. Must be single-use wipes.

3. Must be pre-saturated with Dimethyl Benzyl Ammonium Chloride.

B. ISOPROPYL ALCOHOL WIPES:

1. Must be disposable.

2. Must be single-use wipes.

3. Must be pre-saturated with at least 70% but no more than 80% isopropyl alcohol.

1.18 RECALL PROGRAM AND PROCEDURES PLAN

A. Prospective Contractor must have a recall program and procedures plan in place at time of award 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.

https://www.fda.gov/drugs/drug-information-consumers/otc-drug-facts-label https://www.fda.gov/drugs/drug-information-consumers/otc-drug-facts-label https://www.fda.gov/drugs/drug-safety-and-availability/fda-updates-hand-sanitizers-consumers-should-not-use#products https://www.fda.gov/drugs/drug-safety-and-availability/fda-updates-hand-sanitizers-consumers-should-not-use#products

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).

1.19 SUBSTITUIONS

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 PPE 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 meet the minimum requirements outlined in this IFB.

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). Samples for evaluation purposes must be provided upon request.

H. Contractor shall provide the substitution at the same or greater discount of list 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.

1.18 PRODUCT CANCELLATIONS AFTER AWARD

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, the Contractor shall 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.

1.19 OPTIONAL NON-EVALUATED ITEMS

A. Prospective Contractors may as part of their proposal include pricing for PPE items not specified by the State on Table 2: Optional Non-Evaluated Items of the Official Bid Price Sheet. The State may, at it’s discretion, choose to include any or all of the items proposed on Table 2 as part of the Contract with the successful Contractor(s). Items proposed in Table 2 will not be used in low cost determination.

mailto:Jennifer.Trancoso@arkansas.gov

1.20 DELIVERY: FOB DESTINATION

A. The Department requests delivery within 10 calendar days after ordering. If this delivery date cannot be met, the Prospective Contractor must state the alternate number of days required to begin the service and/or place the commodity in the ordering Department’s designated location. (See Questions section of the Solicitation posting in ARBuy.) Failure to state the alternate delivery time obligates the Contractor to complete delivery by the Department’s requested date. Extended delivery dates may be considered when in the best interest of the State.

B. All deliveries must be made during normal State work hours and within the agreed upon number of days unless otherwise arranged and coordinated with the Department. The Contractor shall give the Department 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 Department, 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 Department’s purchase order.

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.

SECTION 2 – GENERAL INSTRUCTIONS AND INFORMATION

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

2.1 TYPE OF CONTRACT

A. As a result of this IFB, TSS OSP intends to award a contract to multiple contractors.

B. The anticipated starting date for any resulting contract is May 1st, 2023 except that the actual contract start date may be adjusted unilaterally by the State for up to three (3) calendar months. By submitting a signed bid in response to the IFB, the Prospective Contractor represents and warrants that it will honor its bid as being held open as irrevocable for this period.

C. The initial term of a resulting contract will be for one (1) year. Upon mutual agreement by the

Contractor and Department, the contract may be renewed by TSS OSP for up to six (6) additional one-year terms or portions thereof, not to exceed a total aggregate contract term of seven (7) consecutive years.

2.2 CONTRACTOR SELECTION

State may award to up to the three (3) lowest-bidding, responsive, and responsible Prospective Contractors on an all or none basis. Prospective Contractor shall bid all items in order to be considered for award.

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. Official Bid Price Sheet attached to solicitation posting Pricing must be proposed in U.S. dollars and cents.

d. Proposed Subcontractors Form. The utilization of any proposed subcontractor is subject to approval by the Department.

e. Exceptions Form.

2. The following items, which must be submitted prior to a contract award to the Prospective

Contractor, may also be included with the Prospective Contractor’s bid response:

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

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

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.