S000000296, IFB, Digital Scanners.pdf

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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: S000000296 Solicitation Issued: December 19, 2023

Description: Digital Scanner Systems

Department: AR Dept. of Parks, Heritage, and Tourism – AR State Archives

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Bid Opening Date: January 10, 2024 Bid Opening Time: 1:30 p.m., Central Time

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

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

LIVE BID OPENING INFORMATION

Teams Meeting Link: Click here to join the meeting

Meeting ID: 280 760 990 328

Passcode: EPuTJC

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

Phone conference ID: 181 950 721#

TSS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

TSS OSP Procurement Specialist:

Julia Shackelford Procurement Specialist’s Direct Phone Number:

501-371-6079

Email Address: Julia.shackelford@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_NGIzNGZjNTQtYmRhZS00YmIxLWIxZWQtZjJkNGI2MmM2NTBm%40thread.v2/0?context=%7b%22Tid%22%3a%225ec1d8f0-cb62-4000-b327-8e63b0547048%22%2c%22Oid%22%3a%22a202d409-7a31-4076-91b4-f7352fde7396%22%7d https://dialin.teams.microsoft.com/6b6513dc-a034-48d2-8d06-7e711c4ecc0b?id=719036839 https://www.transform.ar.gov/procurement/

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SECTION 1 – INFORMATION AND INSTRUCTIONS

1.1 INTRODUCTION

This Invitation for Bid (IFB) is issued by the TSS Office of State Procurement (TSS OSP) on behalf of the Arkansas Department of Parks, Heritage, and Tourism (“ADPHT”) to obtain pricing and a contract for two

(2) new Digital Scanner Systems to be used in the Arkansas State Archives department.

Direct all correspondence regarding this Solicitation to TSS OSP and not to the ADPHT.

1.2 TYPE OF CONTRACT

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

Selection).

B. The anticipated starting date for any resulting contract is February 1, 2024, 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 four (4) years.

1.3 DEFINITION OF TERMS

A. Unless otherwise defined herein, all terms defined in Arkansas Procurement Law have the same meaning herein.

B. The terms “Invitation for Bid,” “IFB,” and “Solicitation” are used synonymously in this document.

C. The terms “Agency” and “Department” are used synonymously in this document to represent ADPHT.

D. “Prospective Contractor” means a responsive and responsible bidder who submits a bid that meets the Requirements and criteria set forth in this Solicitation.

E. “Requirement” means a term, condition, provision, deliverable, Specification, or a combination thereof, that is obligated under the Solicitation, resulting contract, or both.

F. “Shall” and “must” mean the imperative and are used to identify Requirements and Specifications.

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.

1.4 CONTRACTOR SELECTION

A. Award is expected to be made to the responsive and responsible Prospective Contractor determined to have submitted the lowest bid that meets the Requirements and criteria set forth in the IFB, based on the All or None total cost for all line items as shown in the ARBuy portal submitted by the Prospective Contractor in the ARBuy portal. Consideration will be given only to those bidders who bid all line items.

B. TSS OSP and/or ASCL reserves the right to request additional documentation from the Prospective Contractor at any time to complete the review of the Prospective Contractor’s bid submission.

Requested documentation must be received by TSS OSP within (72) hours of written or verbal request.

C. 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

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

D. 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.

E. 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.

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

1.5 CLARIFICATION OF SOLICITATION

A. Submit questions regarding this Solicitation via the Solicitation posting in ARBuy by 1:00 P.M. Central

Time on or before January 2, 2024.

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 January 3, 2024. 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.

1.6 RESPONSE DOCUMENTS

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

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

B. Bid Response Packet

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

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 line-item pricing response on the Solicitation page in the ARBuy portal.

https://arbuy.arkansas.gov/

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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.

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.

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).

b. Voluntary Product Accessibility Template (VPAT).

c. Three (3) customer reference accounts.

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.section508.gov/sell/vpat/

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SECTION 2 – SPECIFICATIONS AND REQUIREMENTS

2.1 CONTRACTOR RESPONSIBILITY AND REQUIREMENTS

A. The Contractor shall provide two (2) new Digital Scanner Systems, consisting of the Bookeye 5

V1A-C35 and the Bookeye 5 V1A Professional, or agency approved alternate, with final approval from the Agency.

B. The Contractor shall provide the following requirements at no additional cost to the Agency, to include, but not limited to:

1. On-site installation of the two (2) new Digital Scanner Systems.

2. A one (1) time, on-site training on the two (2) new Digital Scanner Systems. Dates and times for on-site training will be agreed upon by the Agency and Contractor.

3. All software applications needed to operate the two (2) new Digital Scanner Systems.

4. All future upgrades to the software over the service life of the two (2) new Digital Scanner Systems.

5. Warranty and maintenance to cover all parts and labor with on-site repairs for five (5) years from date of delivery.

C. The Contractor shall include pricing, excluding taxes, in the ARBuy portal, that is associated with fulfilling the Requirements of this IFB, including but not limited to the following cost:

1. FOB Destination

2. On-site installation

3. On-site training

4. Travel expenses for trainer

5. Software applications

6. All future software upgrades

5. Five (5) year warranty and maintenance

6. Future software upgrades

D. The Contractor should list the manufacturer brand and model number they are bidding on (See Bid Response Packet) but must be provided when requested by TSS OSP.

E. The Contractor should provide the product data specification sheets with their bid submission but must be submitted when requested by TSS OSP.

F. The Contractor should provide a minimum of three (3) customer references with their bid submission but must be submitted when requested by TSS OSP.

1. Customer references must include jobs of similar size and scope, preferably a state archives or State or Federal government agency located in the United States of America.

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2.2 MINIMUM PRODUCT SPECIFICATIONS

A. The Contractor shall provide two (2) new Digital Scanner Systems, consisting of the Bookeye 5 V1A-

C35 and the Bookeye 5 V1A Professional, or agency approved alternate, with final approval from the Agency, which includes, but is not limited to, all lighting and all attachments.

B. The two (2) new Digital Scanner Systems should include, but not limited to the following minimum specifications:

1. A scan area of no less than 25 x 33.5 inches.

2. Able to scan a 25 x 33.5 inches area at a resolution of 600 x 600 dpi.

3. Scan at forty-eight (48) bit color and sixteen (16) bit grayscale.

4. Produce files in the following formats: PDF (PDF/A), TIFF and JPEG.

5. Scan speed of DIN A1+ @ 600 dpi at 4.1 seconds or less.

6. Meet Federal Agencies Digital Guideline Initiative (FADGI) guidelines for quality with a minimum of a 3-Star level for archival documents, maps, newspaper, and prints with sizes up to 25” x 33.5”.

7. Able to be calibrated and include test and calibration targets.

8. Provide live preview.

9. Incorporate an integral LED light source in both standard and extended product warranties or service contracts.

10. Incorporate a glass pressure plate to capture scans with or without use of the plate.

11. Include Intel Core i3 generation eight (8) processor-equipped computer, configured for touch-screen control.

12. Be OS independent and run with Windows 10 and Windows 11.

13. Capability to scan to an external USB drive via the USB port, to a network folder (SMB) or to a local hard drive that is shared over a network.

14. Include one (1) GBit Fast Ethernet interface.

15. Include all operating software.

16. Exterior dimensions not to exceed 75" H x 46" W x 39" D.

17. Capable of actuation with a foot switch and include all necessary equipment for foot actuation.

18. Operate on 110 VAC power.

C. Additional minimum specifications for Bookeye 5 V1A-C35 or agency approved alternate, with final approval from the Agency and to include, but not limited to the following:

1. Incorporate a motorized two (2) plate book cradle with sensors to control the pressure against the glass pressure plate.

2. Fully opened books at one hundred eight (180) degrees with or without use of a glass pressure plate, as well as partially opened books via its V-configured book cradle.

3. Accommodate books with spine thickness of up to 13.5 inches.

4. Incorporate an automatic motor-controlled variable pressure glass pressure plate to capture scans with or without use of the plate.

D. Additional minimum specifications for Bookeye 5 V1A or agency approved alternate, with final approval from the Agency and to include, but not limited to the following:

1. Incorporate a two (2) plate book cradle.

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2. Incorporate a motorized glass pressure plate with adjustable pressure.

3. Scan fully opened books at one hundred eighty (180) degrees with or without use of a glass pressure plate, as well as partially opened books via its V-configured book cradle.

4. Accommodate books with spine thickness of up to eight (8) inch thickness using glass pressure plate.

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SECTION 3 – SOLICITATION TERMS AND CONDITIONS

3.1. ACCEPTANCE OF REQUIREMENTS

A. A Prospective Contractor’s past performance with the State may be used to determine if the

Prospective Contractor is responsible (OSP Rule R1:19-11-235).

1. Bids submitted by Prospective Contractors determined to be non-responsible will be rejected.

B. A single Prospective Contractor must be identified as the prime contractor.

1. The prime Contractor shall be responsible for the resulting contract and jointly and severally liable with any of its subcontractors, affiliates, or agents to the State for the performance thereof.

C. By submitting a bid, the Prospective Contractor represents and warrants:

1. That the prices in the bid have been arrived at independently, without any collusion with another competing Prospective Contractor.

a. Collusion violates Arkansas Procurement Law and can lead to suspension, debarment, and can be referred to the Attorney General’s officer for investigation and appropriate legal action (Arkansas Code Annotated § 19-11-240 and 19-11-245).

2. That the Prospective Contractor has not retained a person to solicit or secure the resulting contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies maintained by the Prospective Contractor for the purpose of securing business.

D. Qualifications, services, and commodities must meet or exceed the required Specifications as set forth in the Solicitation.

3.2. GENERAL TERMS AND CONDITIONS

A. The Contractor must be registered as a vendor to receive payment and may register online by visiting ark.org/vendor/index and clicking the Start Here button.

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

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

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

a. Account holder’s name

b. Account number

c. Routing number

d. Financial institution official’s contact information and signature

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

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

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

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

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

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

E. The Contractor shall invoice the State as required by the Department and should not invoice the State in advance of delivery and acceptance of any commodities or services (Arkansas Code Annotated § 19-4-1206).

1. The Contractor should invoice the agency by an itemized list of charges. The Department’s purchase order number and/or the contract number should be referenced on each invoice.

2. Payment will be made in accordance with applicable State of Arkansas accounting procedures upon acceptance of commodities and services by the Department.

3. Payment will be made only after the Contractor has successfully satisfied the Department as to the reliability and effectiveness of the commodities or services purchased as a whole.

F. The Contractor should be able to accept the State’s authorized VISA Procurement Card (p-card) as a method of payment. Price changes or additional fee(s) must not be levied against the State when accepting the p-card as a form of payment.

G. This IFB incorporates all terms of the Standard Commodities Contract Template (found here).

1. The contract template is attached as a separate document to the Solicitation in ARBuy as a sample for your information only.

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

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

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

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

3.3. 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.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.transform.ar.gov%2Fwp-content%2Fuploads%2F2020%2F06%2FStandard-Commodities-Contract-Template-6.18.20.docx&data=05%7C01%7Cbrandi.schroeder%40arkansas.gov%7C9a1a244ccb3c41e3116e08db39ea4a05%7C5ec1d8f0cb624000b3278e63b0547048%7C0%7C0%7C638167450648138830%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=saEjjM86uWoaDF9dYm8vZyUNFnL%2FBE21Jmb4au4Nn70%3D&reserved=0

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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.

3.4. TECHNOLOGY ACCESS

A. When procuring a technology product or when soliciting the development of such a product, the State of Arkansas is required to comply with the provisions of Arkansas Code Annotated § 25-26-201 et seq., as amended by Act 308 of 2013, which expresses the policy of the State to provide individuals who are blind or visually impaired with access to information technology purchased in whole or in part with state funds. The Contractor expressly acknowledges and agrees that state funds may not be expended in connection with the purchase of information technology unless that technology meets the statutory Requirements found in 36 C.F.R. § 1194.21, as it existed on January 1, 2019 (software applications and operating ICSs) and 36 C.F.R. § 1194.22, as it existed on January 1, 2019 (web-based intranet and internet information and applications), in accordance with the State of Arkansas technology policy standards relating to accessibility by persons with visual impairments.

B. Accordingly, the Contractor expressly represents and warrants to the State of Arkansas through the procurement process by submission of a Voluntary Product Accessibility Template (VPAT) for 36 C.F.R. § 1194.21, as it existed on January 1, 2019 (software applications and operating ICSs) and 36 C.F.R. § 1194.22, that the technology provided to the State for purchase is capable, either by virtue of features included within the technology, or because it is readily adaptable by use with other technology, of:

1. Providing, to the extent required by Arkansas Code Annotated § 25-26-201 et seq., as amended by Act 308 of 2013, equivalent access for effective use by both visual and non-visual means.

2. Presenting information, including prompts used for interactive communications, in formats intended for non-visual use.

3. After being made accessible, integrating into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired.

4. Providing effective, interactive control and use of the technology, including without limitation the operating system, software applications, and format of the data presented is readily achievable by nonvisual means.

5. Being compatible with information technology used by other individuals with whom the blind or visually impaired individuals interact.

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6. Integrating into networks used to share communications among employees, program participants, and the public.

7. Providing the capability of equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired.

C. State agencies cannot claim a product as a whole is not reasonably available because no product in the marketplace meets all the standards. Agencies must evaluate products to determine which product best meets the standards. If an agency purchases a product that does not best meet the standards, the agency must provide written documentation supporting the selection of a different product, including any required reasonable accommodations.

D. For purposes of this section, the phrase “equivalent access” means a substantially similar ability to communicate with, or make use of, the technology, either directly, by features incorporated within the technology, or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans with Disabilities Act or similar state and federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands or other means of navigating graphical displays, and customizable display appearance. As provided in Arkansas Code Annotated § 25-26-201 et seq., as amended by Act 308 of 2013, if equivalent access is not reasonably available, then individuals who are blind or visually impaired shall be provided a reasonable accommodation as defined in 42 U.S.C.

§ 12111(9), as it existed on January 1, 2019.

E. If the information manipulated or presented by the product is inherently visual in nature, so that its meaning cannot be conveyed non-visually, these specifications do not prohibit the purchase or use of an information technology product that does not meet these standards.

F. The proposed commodities, services, or both must comply with the State’s shared Technical Architecture Program which is a set of policies and standards that can found here. Only those standards that are fully promulgated or have been approved by the Governor’s Office apply to the solution.

3.5. DELIVERY: FOB DESTINATION, INSIDE DELIVERY

AR Department of Parks, Heritage, and Tourism Arkansas State Archives One Capitol Mall, Room 2B215 Little Rock, AR 72201

3.6. DELIVERY REQUIREMENTS

A. The Contractor shall pay all transportation and handling expenses for the two (2) Digital Scanner

Systems, which includes, FOB Destination, Inside Delivery, and Freight/Shipping Paid.

1. Delivery location is on the second floor of One Capitol Mall.

2. Contractor will have access to the loading dock and freight elevator at One Capitol Mall.

B. The Contractor shall delivery and install two (2) new Digital Scanner Systems before May 1, 2024, but no later than June 30, 2024.

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.

C. All deliveries must be made during normal State work hours, Monday through Friday, between 8:00 a.m. and 4:30 p.m. Central Time.

D. The Contractor shall contact Terra Titsworth at 501.682.6904 or terra.titsworth@arkansas.gov to inform her of the scheduled delivery date at least forty-eight (48) hours prior to delivery of the two (2) new Digital Scanner Systems.

https://www.transform.ar.gov/information-systems/policies-standards/ mailto:terra.titsworth@arkansas.gov

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E. The Contractor shall bear responsibility for loss or damage that occurs during shipping, prior to the order being received by the Department. All orders must be packaged to prevent damage during shipping.

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.

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

G. 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.

3.7. 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.

3.8. 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.

3.9. 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.).

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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.