S000000269 IFB ADPHT Marine Equipment - Final~2.pdf

Rev 08/2023

STATE OF ARKANSAS

DEPARTMENT OF TRANSFORMATION AND SHARED SERVICES

OFFICE OF STATE PROCUREMENT

501 Woodlane St., Ste. 220

Little Rock, Arkansas 72201-1023

INVITATION FOR BID

SOLICITATION DOCUMENT

SOLICITATION INFORMATION

Solicitation Number: S000000269 Solicitation Issued: November 6, 2023

Description: Marine Equipment

Department: Arkansas Department of Parks, Heritage, and Tourism

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Bid Opening Date: December 6, 2023 Bid Opening Time: 3:00 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: S-269 ADPHT Marine Equipment Bid Opening

Meeting ID: 285 073 028 023

Passcode: iv3chh

Call in (audio only): 501.244.3310 or find a local number

Phone conference ID: 721 348 798#

TSS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

TSS OSP Procurement Specialist:

Davis Pankey Procurement Specialist’s Direct Phone Number:

501-683-6636

Email Address: Davis.pankey@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_MzcyMzBlY2UtZTE3Ny00ZWM3LWFlMmQtYjFmNGNmODY0Nzc3%40thread.v2/0?context=%7b%22Tid%22%3a%225ec1d8f0-cb62-4000-b327-8e63b0547048%22%2c%22Oid%22%3a%2238e1ccea-671b-44ac-85fd-c5d3fde9189a%22%7d https://dialin.teams.microsoft.com/6b6513dc-a034-48d2-8d06-7e711c4ecc0b?id=719036839 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 Department of Parks, Heritage, and Tourism (ADPHT) to obtain pricing and a firm contract(s) for the following marine equipment:

• Four (4) Pontoon Party Barges

• Three (3) Inline Four (4) Stroke Outboard Motors (150 HP)

• One (1) V-8 Outboard Motor (250 HP)

• One (1) Inline Four (4) Stroke Outboard Motor (115 HP)

• Two (2) 20’ 6’ Fiberglass Flat Bottom Jon Boats

The Scope of this IFB includes providing boats, and motors as specified herein and delivery to various Arkansas State Parks.

The units offered must be of good quality as to workmanship and material used and must be new.

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

1.2 TYPE OF CONTRACT

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

Selection) by line item.

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.

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.

1.4 INDUSTRY REFERENCES

The Prospective Contractor may use the following industry references as a guide in determining the marine equipment to be provided in each group as follows:

1. Item 1: 2024 Aloha Paradise Series 260 Triple Tunnel Sundeck Pontoon Boat or agency approved alternate.

2. Item 2: Mercury Outboard Motor Four Stroke EXLPT 150HP PRO XS or agency approved alternate.

3. Item 3: 2024 Mercury Outboard Motor 250 HP 250XL SeaPro or agency approved alternate.

4. Item 4: 2024 Aloha Paradise Sundeck Pontoon Boat or agency approved alternate.

5. Item 5: Mercury Outboard Motor Four Stroke EFI 115HP Command Thrust or agency approved alternate.

6. Item 6: Shawnee Deluxe Fiberglass Flat Bottom Jon Boat or agency approved alternate.

1.5 CONTRACTOR SELECTION

A. Award is expected to be made to one or multiple responsive and responsible Contractors determined to have submitted the lowest bid that meets the Requirements and criteria set forth in the IFB, based on each line item of the S000000269 ADPHT Official Bid Price Sheet submitted by the Prospective Contractor.

B. If the State so chooses, negotiations may be conducted with the lowest-bidding, responsive and responsible Prospective Contractor if:

1. All bids received from responsive and responsible bidders exceed available funding; or

2. It appears that additional savings to the state may result from negotiation.

C. If negotiations fail to result in a contract, the State may negotiate with the next lowest-bidding, responsive and responsible Prospective Contractor.

1. The negotiation process may be repeated until an acceptable lower bid price is negotiated, or until such time the State determines negotiations are no longer in the best interest of the state.

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

D. Once the anticipated awardee has been determined, the anticipated award will be posted to ARBuy, generally for a period of fourteen (14) days prior to the issuance of a contract. The postings are anticipated awards only, subject to protest.

E. A contract is not effective prior to final award being made by the State; some contracts may be subject to Legislative review prior to final award.

1.6 CLARIFICATION OF SOLICITATION

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

Time on or before November 20, 2023.

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

2. Prospective Contractors’ written questions will be consolidated and answered by the State as deemed appropriate. The State’s consolidated written response is anticipated to be posted to the Solicitation posting in ARBuy by the close of business on November 27, 2023. If Prospective Contractor questions are unclear or non-substantive in nature, the State may request clarification of a question(s) or decline to answer.

B. The Prospective Contractor should notify the TSS OSP Procurement Specialist of any term, condition, etc., that precludes the Prospective Contractor from submitting a Responsive Bid.

Prospective Contractors should note that it is the responsibility of the Prospective Contractor to seek resolution of all such issues, including those relating to the terms and conditions of the contract, prior to the submission of a bid.

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

D. An oral statement by TSS OSP will not be part of any contract resulting from this Solicitation and may not reasonably be relied on by any Prospective Contractor as an aid to interpretation unless it is reduced to writing and expressly adopted by TSS OSP.

1.7 RESPONSE DOCUMENTS

A. All bids must be submitted through ARBuy, the State’s eProcurement system. The system can be accessed at arbuy.arkansas.gov.

1. Prospective Contractors must be registered in ARBuy to submit bids.

B. Bid Response Packet

1. Prospective Contractors shall utilize the Bid Response Packet attached to the Solicitation in ARBuy to submit their bids.

2. The following are bid submission Requirements and must be submitted as part of a Prospective Contractor’s bid.

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

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

c. Completed S000000269 ADPHT Official Bid Price Sheet attached as a separate excel spreadsheet to the Solicitation posting in ARBuy.

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

ii. Quantities stated are estimates only and are not guaranteed. Prospective Contractor must bid unit price 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 shall not be subject to escalation.

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

vi. 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.

https://arbuy.arkansas.gov/

e. Proposed Subcontractors Form (see Standard Commodities Contract, 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 Standard Commodities Contract, section 11).

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

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

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

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

F. Prospective Contractors may submit multiple bids.

https://www.transform.ar.gov/wp-content/uploads/2020/06/Standard-Commodities-Contract-Template-6.18.20.docx https://www.transform.ar.gov/wp-content/uploads/2020/06/Standard-Commodities-Contract-Template-6.18.20.docx

SECTION 2 – SPECIFICATIONS AND REQUIREMENTS

2.1 GENERAL REQUIREMENTS

A. The Contractor shall provide new equipment that is the latest model in production of good quality as to workmanship and material used, and compliant with applicable Federal Safety Standards and Guidelines.

B. The Contractor shall provide equipment that is assembled, installed, adjusted, and ready for continuous water operation at the time of delivery.

C. The Contractor shall provide a Certificate of Origin at the time of Delivery and Acceptance.

D. Prior to contract award, the Contractor shall provide specification sheet(s) for all items being bid.

2.2 ITEM(S) 1 & 2: PONTOON PARTY BARGE AND OUTBOARD MOTOR (150HP) COMBINATION

PACKAGE (Line Item 1 on the Official Bid Price Sheet) A. Combination Package items must be priced separately on the Official Bid Price Sheet.

B. The Contractor shall provide three (3) Pontoon Party Barge and Outboard Motor (150 HP) Combination Packages to DeGray Lake Resort State Park 2027 State Park Entrance Road, Bismarck, AR 71929.

C. The three (3) Pontoon Party Barge and Outboard Motor (150 HP) Combination Packages must meet the following minimum Requirements.

Item 1: Pontoon Party Barge

1. 26 FT PARTY BARGE

2. Model: 2024 Aloha Paradise Series 260 Triple Tunnel Sundeck Pontoon Boat

3. Weight Capacity: 3,700 pounds maximum

4. Carrying Capacity: Fourteen (14) person maximum

5. Horsepower: 250 hp maximum

6. Three (3) heavy duty pontoons

a. Length: Center pontoon (26’ minimum), Outer Pontoons (25’ minimum)

b. 5052 marine alloy heavy duty 0.100 gauge

c. Pontoon Seams: double hand tig-welded

d. Pontoon Diameter: 26” minimum

e. Continuous block expanded polystyrene flotation from bow to stern in each pontoon.

f. Nosecone keel reinforcements

g. 25” heavy duty aluminum transom built in the center pontoon

7. Completely welded framework

8. Bolted construction on all decking and railing

a. Saltwater package: all stainless or aluminum fasteners

b. Round aluminum under skin upgrade

9. 8’ X 10’ sundeck with marine grade carpet and ergonomic ladder

10. Deck Width: 8’6” minimum. Deck Length: 26’ 9” minimum. Rubber/ Vinyl main decking material required versus standard marine carpet.

11. 8’6” Tongue and groove deck: ¾” seven-ply marine grade panels

12. ¼” thick aluminum u-channel cross members

13. 2” round railing/fencing system with polyurethane paint to prevent saltwater pitting

14. Sweptback compound curve bow

15. Fuel Tank: EPA compliant, built in, 46-gallon.

16. Trailer towing eye and ski tow eye; two (2) stern mooring eyes and two (2) pontoon bow mooring eyes.

17. Front and Rear Entry Gates

18. One (1) ADA compliant side safety gate with full length hinges

19. Transducer and transducer mounting bracket.

20. Upscale furniture; Rotational molded furniture, Furniture to be vinyl upholstery with Ultraviolet (UV) protection, aluminum furniture subbases.

21. Storage under the seats with ventilation

22. Deluxe console with full gauge package, windshield, and 12-volt outlet

23. Built-in horn; AM/FM Bluetooth radio with MP3 input and four (4) speakers

24. Docking lights, Light-Emitting Diode (LED) Courtesy lights

25. Full Color Hummingbird 787 C2 GPS and Fishing System built-in to steering console digital only.

26. Heavy Duty ski tow bar and Rear Entry boarding ladder, drink holders

27. Fire extinguisher with built-in holder

28. Hydraulic Steering

29. Battery with on/off switch

30. Playpen cover

Referenced Brand: Aloha Paradise Series 260 Triple Tunnel Sundeck or agency approved alternate.

Item 2: Outboard Motor

1. Horsepower: 150 hp minimum

2. Engine Type: 8 value single overhead cam (SOHC) / Inline 4

3. Displacement (L): 3.0

4. Fuel Induction System: Computer Controlled Multi-Port Electronic Fuel Injection (EFI)

5. Shaft Length: 25 inches

6. Dry Weight: 456 pounds

7. Gearcase Ratio: 2.08:1

8. Gear Shift: F-N-R

9. Full Throttle RPM: 5200-6000 maximum

10. Gearcase Options: Command Thrust

11. Bore and Stroke: 4” x 3.6” (inches)

12. Alternator: 35 amp/ 441 watt with water-cooled voltage regulator

13. Cooling System: Water- cooled with thermostat.

14. Exhaust System: Through Prop

15. Starting Method: Electric (turnkey)

16. Ignition: SmartCraft ECM 70 Digital Inductive

17. Fuel System: Electronic Fuel Injection (EFI)

18. Trim System: Power Tilt, Power Trim

19. Controls: Mechanical Throttle and Shift

20. Steering: Hydraulic Power Steering

21. Emissions Compliance: CARB 3 Star, U.S. EPA

22. Air Induction: Performance-Tuned Scroll Intake Manifold

23. Engine Protection Operator Warning System: SmartCraft Engine Guardian

Reference Brand: Mercury Outboard Motor Four Stroke EXLPT 150HP PRO XS or agency approved alternate.

2.3 ITEM 3: OUTBOARD MOTOR 250 HP (Line Item 2 on the Official Bid Price Sheet) A. The Contractor shall provide one (1) 2024 Outboard Motor (250HP) SeaPro to DeGray Lake Resort

State Park 2027 State Park Entrance Road, Bismarck, AR 71929.

B. The one (1) Outboard Motor (250HP) must meet the following minimum requirements.

Item 3: Outboard Motor

1. Horsepower: 250 hp minimum

2. Engine type: V-8

3. MidSection: Conventional MidSection.

4. Displacement (CID/CC) 279 CID

5. Displacement (L) 4.6L

6. Cylinder Configuration: V-8 [64 degree] with Dual Overhead Cam [DOHC] and 32-valves

7. Full throttle RPM: 4800-5600

8. Air induction: Performance-Tuned Long-Runner Intake Manifold

9. Fuel induction system: Electronic Fuel Injection (EFI) Computer Controlled with Advanced Range Optimization

10. Alternator amp / Watt: 85-amp (1071 Watt) with Idle Charge

11. Engine protection operator warning system: SmartCraft Engine Guardian

12. Compatible with SmartCraft digital technology: Yes

13. Starting: Electric Start with SmartStart Protection

14. Controls: Remote Mechanical (no digital controls).

15. Steering: Hydraulic (standard)

16. Shaft length: 25"

17. Gearcase ratio: 1.75:1

18. Dry weight: 527 lbs.

19. Bore and stroke: 3.6 in x 3.4 in

20. Ignition: SmartCraft PCM 112 Digital Inductive

21. Cooling system: Water-cooled with thermostat.

22. Gear shift: F-N-R

23. Gearcase options: 5.44"

24. Trim system: Power trim and tilt

25. Exhaust system: Through prop

26. Standard Rotation

27. Lubrication system: Integrated wet sump

Reference Brand: Mercury Outboard Motor 250HP 250XL SeaPro or agency approved alternate.

2.4 ITEM(S) 4 & 5: PONTOON PARTY BARGE AND OUTBOARD MOTOR (115HP) COMBINATION

PACKAGE (Line Item 3 on the Official Bid Price Sheet) A. Combination Package items must be priced separately on the Official Bid Price Sheet.

B. The Contractor shall provide one (1) Pontoon Party Barge and Outboard Motor (115 HP) Combination Package to Lake Catherine State Park 1200 State Park Road, Hot Springs, AR 71913.

C. The Pontoon Party Barge and Outboard Motor (115 HP) Combination Package must meet the following minimum Requirements.

Item 4: Pontoon Party Barge

1. 26 FT PARTY BARGE

2. Model: 2024 Aloha Paradise Sundeck Pontoon Boat

3. Weight Capacity: 3,700 pounds maximum

4. Carrying Capacity: Fourteen (14) person maximum

5. Horsepower: 350 hp maximum

6. Innovative 2” Round Railing/Fencing System

7. Aluminum Tread Plate Headliner with Light-Emitting Diode (LED) Back Light

8. Forward and Aft LED docking light housing

9. Center Pontoon with Fully Integrated Transom

10. 46 Gallon Fuel Tank Integrated within Center Pontoon

11. 10’ Ski Locker Integrated within center pontoon

12. Aerodynamic fiberglass steering console with elevated base platform

13. Boat fender holder within console

14. Full function digital gauge package

15. Pre-wired for accessories

16. Ergonomic ladder

17. Large glove box

18. Built-In Horn

19. Tinted Windshield

20. USB Port

21. 12 Volt Outlet

22. Large Color Multifunction GPS

23. Hydraulic Tilt Steering Head with Hydraulic Steering System

24. Driver’s Seat Fore and Aft Slide adjustment and Swivel with Swing-Up Arms and Seat Bolster

25. Fire extinguisher with built-in holder

26. Premium Bluetooth Stereo Package with Premium Speakers

27. Aluminum Substrate furniture; Marine Grade Vinyl with UV Protection

28. Storage under the seats with ventilation

29. Deluxe Marine Vinyl Flooring

30. Refreshment Center with storage

31. Aerodynamic, Sweptback, Compound Curve Bow with Large Storage Areas under Bow Seats

32. Extended Aft Swim Platform

Referenced Brand: Aloha Paradise Sundeck Pontoon Boat or agency approved alternate.

Item 5: Outboard Motor

1. Horsepower: 115 hp minimum

2. Engine Type: Inline 4

3. Displacement (L): 2.1

4. Fuel Induction System: Computer Controlled Multi-Port Electronic Fuel Injection (EFI)

5. Shaft Length: 25 inches

6. Dry Weight: 363 pounds

7. Gearcase Ratio: 2.38:1

8. Gear Shift: F-N-R

9. Full Throttle RPM: 5000-6000 maximum

10. Gearcase Options: Command Thrust

11. Bore and Stroke: 3.5” x 3.2” (inches)

12. Alternator: 35 amp/ 441 watt with water-cooled voltage regulator

13. Cooling System: Water- cooled with thermostat.

14. Exhaust System: Through Prop

15. Starting Method: Smart Start Electric

16. Ignition: SmartCraft ECM 70 Digital Inductive

17. Fuel System: Electronic Fuel Injection (EFI)

18. Trim System: Power Tilt, Power Trim

19. Shallow water trim range: 20 degrees

20. Steering: Hydraulic Power Steering

21. Emissions Compliance: CARB 3 Star, U.S. EPA

22. Air Induction: Performance-Tuned Scroll Intake Manifold

23. Lubrication: Wet sump

Reference Brand: Mercury Outboard Motor Four Stroke EFI 115HP Command Thrust or agency approved alternate.

2.5 ITEM 6: FIBERGLASS FLAT BOTTOM JON BOAT (Line Item 4 on the Official Bid Price Sheet) A. The Contractor shall provide two (2) Fiberglass Flat Bottom Jon Boats to Bull Shoals State Park, 153 Dam Overlook Lane, Bull Shoals, AR 72619.

B. The two (2) Fiberglass Flat Bottom Jon Boats must meet the following minimum Requirements.

Item 6: Fiberglass Flat Bottom Jon Boats

1. Length: 20’ 6" minimum

2. Bottom Width: 48" minimum

3. Beam: 60”

4. Side Depth: 19" minimum

5. Capacity: 3 persons, minimum

6. Hull Gauge: .080"

7. Hull Type: Flat bottom

8. Hull Material: Fiberglass

9. Trolling Motor Block

10. Front Dry Storage

11. Stainless Steel Rails

12. Rolled edge with rub rail.

13. Recessed lids

14. Walkthrough Live Wells

15. Rod Tray on both Sides

16. 1” Wire Tubing

17. Hatch Locks

18. Navigation Lights

19. Bait Tray- 24"

20. Swivel Driver's Seat

21. Tempress Two (2) Seats & Pads with two (2) Stainless Steel Spider Stands

22. Color: Solid White

23. Full Rear Deck

24. Lip on floor for fuel tank retention

25. Floor: Smooth

26. 48” Front Deck

Referenced Brand: Shawnee Deluxe Jon Boat or agency approved alternate.

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/contractor/index.html and clicking the Start Here button.

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

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

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

C. 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).

D. 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.

https://www.ark.org/contractor/index.html

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.

E. 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.

F. This IFB incorporates all terms of the Standard Commodities Contract Template (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.

G. 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 knowingly employ a Scrutinized Company as a contractor (Arkansas Code Annotated § 25-1-1203).

H. 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. GUARANTEES, SAMPLES, AND BRAND NAME REFERENCES

A. By submitting a bid, the Prospective Contractor represents and warrants that goods its sells to the

Department under a resulting contract shall be merchantable.

B. Samples or demonstrators, when requested, must be furnished for inspection free of expense to the State.

1. Each sample should be marked with the Prospective Contractor's name and address, bid or contract number, and item number.

a. If requested, samples that are not destroyed during reasonable examination will be returned at Prospective Contractor's expense.

b. After reasonable examination, all demonstrators will be returned at Prospective Contractor’s expense.

2. Tests may be performed on samples or demonstrators submitted with the bid or on samples taken from the regular shipment.

a. If products tested fail to meet or exceed all Requirements and Specifications, the cost of the sample used and the reasonable cost of the testing must be borne by the Prospective Contractor.

C. Unless otherwise specified in the Solicitation, a catalog brand name or manufacturer reference used in the Solicitation is descriptive only, not restrictive, and used to indicate the type and quality desired.

1. Bids on brands of like nature and quality will be considered.

a. The State shall have the right to determine whether a substitute offered is equivalent to and meets the standards of the item specified, and the State may require the Prospective Contractor to supply additional descriptive material.

b. Prospective Contractors not bidding an alternate to the referenced brand name or manufacturer shall furnish the product according to brand names, numbers, etc., as specified in the Solicitation.

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3.4. DELIVERY

A. The Contractor shall take all reasonable measures to ensure that commodities purchased must be delivered within thirty (30) days of the Department’s issuance of the relevant purchase order unless otherwise agreed upon in writing.

1. The Contractor shall give the Department immediate notice of any anticipated delays or plant shutdowns that will affect the delivery requirement. The Contractor will not be liable for delays in performance or for non-performance due to unforeseen circumstances or causes beyond the Contractor’s reasonable control.

2. If a delivery date specified in this IFB cannot be met, the Prospective Contractor must state the alternate number of days required to place the commodities in the ordering Department’s designated location.

3. 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.

C. The Contractor shall pay all transportation and handling charges, unless otherwise agreed upon in writing by the Contractor and Department.

D. The Contractor shall bear responsibility for loss or damage that occurs during shipping, prior to the order being received by the Department.

1. Risk of loss of the order will pass to the Department upon Contractor’s delivery of the order conforming to the resulting pursuant to a purchase order.

2. All orders should be properly packaged to prevent damage during shipping.

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

F. Unless otherwise agreed upon in writing by the Contractor and Department, payment will be made within thirty (30) days of the date of the Contractor’s delivery of product(s) conforming to the resulting contract and receipt of the Contractor’s invoice, whichever is later.

3.5. INSPECTION AND ACCEPTANCE

A. The State may inspect any commodities delivered, tendered, or identified to the State as being procured under a resulting contract to determine whether they conform to the contract.

1. The State’s right to inspection may be exercised at any reasonable place and time and in any reasonable manner, as determined in the State’s reasonable discretion, prior to acceptance of and payment for any commodities procured under a resulting contract.

2. If the commodities are found to be conforming as the result of inspection, the State will bear the cost of inspection, if any.

3. If any of the commodities are found to be non-conforming, the State:

a. May elect to recover expenses of inspection, if any, from the Contractor and the Contractor shall bear the cost.

b. The Contractor shall be responsible for the cost of any retrieval, return, or disposal of the commodities. Payment for commodities does not constitute acceptance of the commodities as conforming to the contract if the State has not had a reasonable opportunity to inspect the commodities or in the event of Contractor’s fraud or concealment of defects.

B. The State has the option to return any product(s) within the thirty (30) day timeframe for any reason.

C. The Contractor shall include a total satisfaction return policy for all products and shall not impose any liability on the State for such returns.

3.6. MINORITY AND WOMEN-OWNED BUSINESS

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

• African American

• American Indian

• Asian American

• Hispanic American

• Pacific Islander American

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

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

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

3.7. 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.