S000000299 IFB Toxicology Kits~1.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: S000000299 Solicitation Issued: December 18, 2023

Description: Toxicology Kits

Department: Arkansas State Crime Lab

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Bid Opening Date: January 10, 2024 Bid Opening Time: 1:00 p.m., Central Time

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

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

LIVE BID OPENING INFORMATION

Teams Meeting Link: Click here to join the meeting

Meeting ID: 239 300 134 025

Passcode: nfvvM5

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

Phone conference ID: 980 828 44#

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_MTczNzgwZDItNWQ5ZC00NjMxLThiNTQtYmY3ZDQwOGM1NTdl%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 State Police (“Agency”) to obtain pricing and a contract for Toxicology Kits for the Arkansas State Crime Lab (ASCL).

Direct all correspondence regarding this Solicitation to TSS OSP and not to the Agency or ASCL.

1.2 BACKGROUND AND CURRENT ENVIRONMENT

On July 10, 2014, the Agency/ASCL received accreditation through the ASCLD/LAB-International program. This program is based on the ISO/IEC 17025 standards for the competence of testing laboratories, with supplemental requirements based on the needs of the forensic science discipline.

1.3 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 should be February 8, 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 for one (1) year. Upon mutual agreement by the Agency and the Contractor, the contract may be renewed by TSS OSP for up to six (6) additional one-year terms or portions thereof, not to exceed a total aggregate contract term of seven (7) consecutive years.

1.4 DEFINITION OF TERMS

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

B. “Business Days” means Monday through Friday, 8:00 a.m. to 4:30 p.m. Central Time, excluding State Holidays. A list of Arkansas State Holidays can be found at the following link:

Arkansas Secretary of State

C. The terms “Agency,” “Department,” and “ASCL” are used synonymously in this document.

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

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

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

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

H. “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.

I. “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 Agency using such a contract.

https://www.sos.arkansas.gov/news/calendar/

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1.5 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. 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

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.

1.6 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 4, 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.

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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 line-item pricing response on the Solicitation page 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 Agency may order more or less than the estimated quantity on term contracts, and the Contractor shall sell to the Agency quantities ordered at no more than the bid price.

iii. If pricing documents do not allow for accurate pricing, Prospective Contractor should notify the TSS OSP Procurement Specialist at least seventy-two (72) hours before the bid opening time.

iv. Prices must be firm offers and adjustments may be negotiated at the time of contract renewal.

• A request for a price increase must include supporting documentation demonstrating that the increase in contract price is based on an increased cost to the Contractor and that the proposed pricing is still competitive in the marketplace.

The State has the right to approve or deny any request for a price adjustment.

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 Standard Commodities Contract, section 11.)

b. Copy of ISO/IEC 17025 or equivalent accreditation certificate.

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

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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.

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SECTION 2 – SPECIFICATIONS AND REQUIREMENTS

2.1 PROSPECTIVE CONTRACTOR QUALIFICATIONS

A. Prospective Contractor shall have an accreditation of ISO/IEC 17025 or equivalent. ASCL will determine if an equivalent accreditation is acceptable.

B. Prospective Contractor should provide, but must be submitted when requested by TSS OSP, a copy of the ISO/IEC 17025 or equivalent accreditation certificate with their Bid Response Packet.

C. Prospective Contractor shall have a minimum of one (1) year experience providing SLE plates for toxicology testing of biological specimens to laboratories located in the continental United States.

D. Prospective Contractor shall be a manufacturer, or an approved distributor, of the brand they intend to provide ASCL.

E. ASCL reserves the right to request verification of manufacturer, or an approved distributor, prior to Anticipation to Award.

F. ASCL reserves the right to request references and/or documented proof of experience, prior to Anticipation to Award.

2.2 NEW TOXICOLOGY TESTING KITS

A. The State intends to obtain products that reflect the industry’s latest technology for the Drug Testing

Qualitative Toxicology Kits. The State recognizes that there will be technological modifications and improvements that will become available during the term of this contract that may be unavailable on the date of the contract award.

B. New items, or items not previously tested, must be available to the Arkansas State Crime Laboratory at discounted contract pricing. (e.g., Well plates in a different configuration than identified in this IFB.)

C. New well plate items must receive the same pricing parameters as other items listed in this IFB.

D. No penalties will be incurred by the Arkansas State Crime Lab for any returned items.

2.3 PRICING

A. Prospective Contractor shall enter pricing for all items in the ARBuy e-Procurement portal only.

B. Prospective Contractor shall include all costs in their bid price, excluding taxes, that is associated with fulfilling the Requirements of this IFB including but not limited to the following:

1. FOB Destination, shipping/freight and handling cost paid.

2. Product Data Specification Sheets.

C. If any cost is not identified by the successful Contractor but is subsequently incurred to achieve successful operation, the Contractor shall bear this additional cost.

2.4 SPECIFICATIONS FOR WELL PLATE (96 & 48)

A. Contractor shall provide each item as a kit. Components of the kit may vary based on the testing it is employed in. Each kit must include 96 or 48-well plate with calibrators or controls, SLE filtration plates, collection plates, Kura Enzyme, ß-glucuronidase or other equivalent enzyme plates. Also, including any additional materials deemed necessary to perform the toxicology testing.

B. Item #1: 96-well plate with calibrators and controls for quantitative analysis.

1. The 96-well plate must include the following drugs:

6-Monoacetylmorphine Clonazepam Methamphetamine

7-Aminoclonazepam Cocaine Morphine

Acetaminophen Codeine Nordiazepam

Alprazolam Cyclobenzaprine Oxycodone

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Amitriptyline Diazepam Oxymorphone

Amphetamine Dihydrocodeine Quetiapine

Benzoylecgonine Diphenhydramine Sertraline

Buprenorphine Fentanyl Tramadol

Bupropion Hydrocodone Trazodone

Caffeine Hydromorphone Zolpidem

Carisoprodol Lorazepam Nortriptyline

Dextromethorphan Fluoxetine Promethazine

Citalopram Methadone Acetyl Fentanyl

Norfentanyl Bromazolam Xylazine

Fluorofentanyl Venlafaxine 4-ANPP

2. ASCL reserves the right to restructure the well plate and/or internal standards drugs for Item

#1 as needed.

3. Contractor shall make changes to well plate drugs and/or internal standards, based on communications from ASCL, within a fifteen (15) Business Day notification from ASCL.

4. The calibrators and controls must have a range of 10 – 1000 ng/mL.

5. Fentanyl, 4-ANPP, Acetyl Fentanyl, Norfentanyl, Buprenorphine, Fluorofentanyl, and 6- Monoacetylmorphine must have a range of 1 – 100 ng/mL.

6. Carisoprodol must have a range of 100 – 10,000 ng/mL.

7. Xylazine must have a range of 200 – 2,000 ng/mL.

8. Internal standards for Item #1 must include the following drugs:

6-Monoacetylmorphine-D6 Citalopram-D6 Morphine-D6

7-Aminoclonazepam-D4 Clonazepam-D4 Nordiazepam-D5

Bromazolam-D5 Cocaine-D3 Oxycodone-D6

Acetaminophen-D4 Codeine-D6 Oxymorphone-D3

Alprazolam-D5 Cyclobenzaprine-D3 Quetiapine-D8

Amitriptyline-D3 Diazepam-D5 Sertraline-D3

Amphetamine-D11 Dihydrocodeine-D6 Tramadol-13C-D3

Benzoylecgonine-D8 Diphenhydramine-D3 Trazodone-D6

Buprenorphine-D4 Fentanyl-D5 Zolpidem-D6

Bupropion-D9 Hydrocodone-D6 Acetylfentanyl-D5

Caffeine-13C3 Hydromorphone-D6 Dextromethorphan-D3

Carisoprodol-D7 Methadone-D9 Fluoxetine-D6

Fluorofentanyl-D5 Methamphetamine-D11 Nortriptyline-D3

Norfentanyl-D5 Promethazine-D3 Venlafaxine-D6

4-ANPP-D5

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C. Item #2: 48-well plate with calibrators and controls for blood.

1. The 48-well plate must have calibrators and controls for the following drugs:

Δ9-Tetrahydrocannabinol (THC)

11-Nor-9-Carboxy-THC (THC-COOH)

11-Hydroxy-Δ9-Tetrahydrocannabinol (THC-OH)

2. ASCL reserves the right to restructure the well plate and/or internal standards drugs for Item

#2 as needed.

3. Contractor shall make changes to well plate drugs and/or internal standards, based on communications from ASCL, within a fifteen (15) Business Day notification from ASCL.

4. The calibrators and controls must have a working range between 1 ng/mL – 500 ng/mL

5. Internal standards for Item #2 must include the following drugs:

THC-D3

THC-COOH-D9

THC-OH-D3

D. Item #3: 96-well plate for screening common drugs of abuse for urine.

1. The 96-well plate must have calibrators and controls for the following drugs:

Cannabidiol (CBD) [Urine plate only]

Δ9-Tetrahydrocannabinol (THC)

11-Nor-9-Carboxy-THC (THC-COOH)

11-Hydroxy-Δ9-Tetrahydrocannabinol (THC-OH)

2. ASCL reserves the right to restructure the well plate and/or internal standards drugs for Item #3 as needed.

3. Contractor shall make changes to well plate drugs and/or internal standards, based on communications from ASCL, within a fifteen (15) Business Day notification from ASCL.

4. The calibrators and controls must have a working range between 1 ng/mL – 500 ng/mL

5. Internal standards for Item #3 must include the following drugs:

Cannabidiol-D3 [Urine plate only]

THC-D3

THC-COOH-D9

THC-OH-D3

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E. Item #4: 96-well plate for screening common drugs of abuse for blood.

1. The 96-well plates must be designed to include analytes listed in the table below:

4-Fluoroisobutyryl Fentanyl Doxepin Morphine

6-MAM Doxylamine Nordiazepam

7-Aminoflunitrazepam Duloxetine Norfentanyl

Acetyl Fentanyl Estazolam Nor quetiapine

Acryl Fentanyl Etizolam Nortriptyline

Alprazolam Etomidate Orphenadrine

Amitriptyline Fentanyl Oxazepam

Amphetamine Flualprazolam Oxycodone

Benzoylecgonine Flunitrazepam Oxymorphone

Bupropion Furanyl Fentanyl Phencyclidine

Butyryl Fentanyl Hydrocodone Phentermine

Carfentanyl Hydromorphone Promethazine

Carisoprodol Ketamine Quetiapine

Citalopram Levamisole Sertraline

Clonazepam Loperamide Tapentadol

Cocaine Lorazepam Temazepam

Codeine MDA Tizanidine

Cyclobenzaprine MDMA Tramadol

Cyclopropyl Fentanyl Meprobamate Trazodone

Dextromethorphan Methadone Triazolam

Diazepam Methamphetamine Venlafaxine

Dihydrocodeine Midazolam Zolpidem

Diphenhydramine Mitragynine Zopiclone

2. ASCL reserves the right to restructure the well plate and/or internal standards drugs for common drugs of abuse as needed.

3. Contractor shall make changes to well plate drugs and/or internal standards, based on communications from ASCL, within a fifteen (15) Business Day notification from ASCL.

4. Contractor shall incorporate deuterated internal standards corresponding to individual analytes specified in the table above with the exceptions noted below:

a. Should no suitable corresponding internal standard be available, appropriate surrogate internal standards must be discussed with ASCL prior to plate manufacture.

5. Contractor shall notify ASCL fifteen (15) Business Days prior to order shipment, of any of the corresponding internal standards, not included in the individual analytes as specified in the table above.

F. Item #5: 96-well plate for screening common drugs of abuse for urine.

1. The 96-well plates must be designed to include analytes listed in the table below:

6-MAM Doxylamine Norfentanyl

7-Aminoclonazepam Estazolam m

Norquetiapine

Acetyl Fentanyl Etizolam Nortriptyline

Alprazolam Fentanyl Orphenadrine

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Amitriptyline Flubromazolam Oxycodone

Amphetamine Flunitrazepam Oxymorphone

Benzoylecgonine Gabapentin Paroxetine

Buprenorphine Hydrocodone Phencyclidine

Carbamazepine Hydromorphone Phentermine

Carfentanyl Levamisole Promethazine

Carisoprodol Loperamide Quetiapine

Citalopram Lorazepam Sertraline

Clonazepam MDA Tapentadol

Cocaethylene MDMA Temazepam

Cocaine Meprobamate Tizanidine

Codeine Methadone Tramadol

Cyclobenzaprine Methamphetamine Trazodone

Dextromethorphan Midazolam Triazolam

Diazepam Mitragynine Venlafaxine

Dihydrocodeine Morphine Zolpidem

Diphenhydramine Norbuprenorphine Zopiclone

Doxepin Nordiazepam

2. ASCL reserves the right to restructure the well plate and/or internal standards drugs for common drugs of abuse as needed.

3. Contractor shall make changes to well plate drugs and/or internal standards, based on communications from ASCL, within a fifteen (15) Business Day notification from ASCL.

4. Contractor shall incorporate deuterated internal standards corresponding to individual analytes specified in the table above with the exceptions noted below:

a. Should no suitable corresponding internal standard be available, appropriate surrogate internal standards must be discussed with ASCL prior to plate manufacture.

5. Contractor shall notify ASCL fifteen (15) Business Days prior to order shipment, of any of the corresponding internal standards, not included in the individual analytes as specified in the table above.

G. Sample preparation plate, Isolute SLE+plate, Kura Enzyme, ß-glucuronidase for respective urine assays and collection plate(s) must be included.

1. Analysis plates must include but not be limited to the following:

a. Be pre-manufactured and sealed.

b. Be packaged to minimize damage during shipping and storage.

c. Have a minimum shelf life of six (6) months without any degradation under frozen conditions.

2. Sample preparation plates must include but not limited to the following:

a. Multi-analyte mixtures of NIST traceable certified reference standards relevant to the methods of analyses listed in this IFB.

b. Sample preparation plates must be manufactured with:

i. Calibrators.

ii. Wherever applicable, quality control materials should be provided from a secondary source, prepared, and analyzed with the samples.

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iii. Internal standards at precise concentrations allowed for simple and consistent sample preparation.

3. Certificates of analysis of analytes must be included with delivery of the sample preparation plates.

H. Validation plates and individual stock solutions of calibrators associated with validation plates.

1. Validation plates will be ordered whenever the need arises for the development of new analytical methods. The analytes included and their associated ranges will be discussed between the manufacturer and the ASCL before procurement.

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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 Agency 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 Agency’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 Agency.

3. Payment will be made only after the Contractor has successfully satisfied the Agency 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 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

Agency under a resulting contract shall be merchantable.

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

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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 Agency shall have the right to determine whether a substitute offered is equivalent to and meets the standards of the item specified, and the Agency 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. DELIVERY: FOB DESTINATION

Arkansas State Crime Lab Attention: Kristen Mauldin #3 Natural Resource Drive Little Rock, AR 72205

3.5. DELIVERY REQUIREMENTS

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

1. The Contractor shall give the Agency 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 the number of days 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 Agency’s designated location. ( See the Bid Response Packet.)

3. Failure to state the alternate delivery time in the Bid Response Packet obligates the Contractor to complete delivery by the Agency’s requested date. Extended delivery dates may be considered when in the best interest of the Agency.

B. All deliveries must be made during normal State work hours.

C. The Contractor shall pay all transportation and handling charges, including FOB Destination and Freight/Shipping paid, unless otherwise agreed upon in writing by the Contractor and the Agency.

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

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1. Risk of loss of the order will pass to the Agency 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 Agency assumes no liability for commodities produced, processed, or shipped in excess of the amount specified on the Agency’s purchase order.

F. Unless otherwise agreed upon in writing by the Contractor and the Agency, 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.

3.6. INSPECTION AND ACCEPTANCE

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

1. The Agency’s right to inspection may be exercised at any reasonable place and time and in any reasonable manner, as determined in the Agency’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 Agency will bear the cost of inspection, if any.

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

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 Agency has not had a reasonable opportunity to inspect the commodities or in the event of Contractor’s fraud or concealment of defects.

B. The Agency 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 Agency for such returns.

3.7. 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.

3.8. 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.