S000000302 Dark Fiber for ADPHT Solicitation- Revised~1.pdf

STATE OF ARKANSAS

DEPARTMENT OF TRANSFORMATION AND SHARED SERVICES

OFFICE OF STATE PROCUREMENT

501 Woodlane St., Ste. 220

Little Rock, Arkansas 72201-1023

INVITATION FOR BID

SOLICITATION DOCUMENT

*REVISED*

CHANGES TO THIS IFB ARE DISPLAYED IN RED FONT

SOLICITATION INFORMATION

Solicitation Number: S000000302 Solicitation Issued: January 9, 2024

Description: Dark Fiber Construction

Department: TSS, Division of Information Services

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Bid Opening Date: March 8, 2024 Bid Opening Time: 2:00 p.m., Central Time

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

It can be accessed at 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: 281 024 235 063

Passcode: ZZrCxa Call in (audio only): +1 501-244-3310,,578889127# United States, Little Rock

Phone conference ID: 578 889 127#

TSS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

TSS OSP Procurement Specialist:

Austin McClane Procurement Specialist’s Direct Phone Number:

501-371-6156

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

TSS OSP Website: transform.ar.gov/procurement tel:+15012443310,,578889127#%20 mailto:Austin.McClane@Arkansas.gov

SECTION 1 – INFORMATION AND INSTRUCTIONS

1.1 INTRODUCTION

This Invitation for Bid (IFB) is issued by the TSS Office of State Procurement (TSS OSP) to obtain construction pricing and contracts to place Dark Fiber Service to be used by the Parks, Heritage, and Tourism agency. This will be billed to the Division of Information Systems (DIS). Direct all questions, comments, or concerns you may have regarding this solicitation to the TSS Office of State Procurement, not DIS.

1.2 TYPE OF CONTRACT

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

B. The anticipated starting date for any resulting contract is April 15, 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 Contractor and Department, the contract may be renewed by TSS OSP for up to six (6) additional one-year terms or portions thereof.

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 AWARD CRITERIA

A. Contractors are asked to bid both buried and aerial fiber construction for any or all the 19 parks shown on individual tabs on the Official Pricing Sheet. The bid will be awarded per park based on the lowest Total Basic Cost if either buried or aerial is bid or the average of the aerial and the buried fiber cost if both options are bid, shown on the price sheets as Total Basic Cost, of the initial term 48 Month Total Cost.

B. Contractors should only bid aerial fiber when aerial fiber would be at an overall lower cost than that of buried fiber. If aerial fiber is not bid, the buried fiber cost will be used as the Contractor's bid for that park..

Note: Total Basic cost will be calculated per park if all line items are included, incomplete columns will not factor into scoring.

C. Most park locations have options which can be awarded to the Prospective Contractor who wins the award for the Total Basic Cost at each park. They will be awarded in order number i.e., Option 1, Option 2, etc.

There are three park that shown as all options (no Total Basic Cost). These parks are of lower priority for fiber placement and will be awarded in option order if funding is expected to be available during the life of the resulting contract.

D. For future Dark Fiber installation at Park locations in this Solicitation:

1. The Contractor awarded for each Park will be given the right of first refusal for any additional Dark Fiber installation needed at that location at the rates proposed in their bid response.

2. Each subsequent low bidder will be given next right of refusal.

3. If a Contractor cannot be obtained from the existing Contractor pool for that exchange, the State will then procure by the appropriate procurement vehicle based on the anticipated dollar amount.

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 initial fiber construction cost shown as the Total Basic Cost per park on the 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 February 16th, 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 February 23rd, 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.

1.7 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 Official Bid Price Sheet attached to 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.

e. Proposed Subcontractors Form (see SRV-1 or 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 SRV-1 or Standard Commodities Contract, section 11)

b. Voluntary Product Accessibility Template (VPAT), if applicable

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.

SECTION 2 – SPECIFICATIONS AND REQUIREMENTS

2.1 SERVICE TECHNICAL REQUIREMENTS

A. The Contractor shall provide single mode fiber pairs (SM), trenching, boring (any paved streets should be bored not cut), 1-1/4” or 2” PVC conduit, and tracer wire.

B. The Contractor shall terminate the fiber in LC connectors.

C. The Contractor shall provide wall mounted LIU to terminate the fiber strands unless changed by DIS.

D. Each service demarcation point must be clearly labeled with applicable Circuit Identification.

E. The State will normally use separate fiber strands in each direction of transmission, but may in the future, use the fiber bid on a bidirectional basis on a single strand.

F. All bandwidths will normally be symmetrical.

G. Services will be cross connected to State-provided routers or switches.

2.2 PLANNING MAPS

A. Connectivity Planning Maps are provided for each Park, listed as attachments 1-29.

B. The red dashed lines on the Connectivity Planning Maps are just conceptual for fiber placement and are not meant to specify fiber routing. Exact routes are to be determined by the Contractor and approved by DIS and Parks prior to construction.

C. The areas shown in yellow on the Connectivity Planning Maps are to show where Parks expects to separately provide Public WiFi Coverage.

2.3 GENERAL REQUIREMENTS

A. The Contractor shall install, and splice pull boxes every 1500 feet or as needed. For large handholes or manholes leave 50 feet of slack for future growth.

B. The Contractor shall use existing penetrations into the buildings, if possible.

C. The Contractor shall seal penetrations into the buildings.

D. The Contractor shall seed and straw over any disturbed ground after installation.

E. The Contractor shall provide wall mounted LIUs at each location, unless specified differently by DIS, and terminate all strands of fiber in LC connectors.

F. Although the number of strands is stated as the number terminating at each distant site, the Contractor shall minimize the cost to the State by using larger a sheath cable with breakouts, where possible, to serve each distant site.

G. The Contractor shall leave a pull string in each conduit, to allow for more fiber placement later.

H. All fiber must be Outdoor Rated OS1-2 Single mode 1310 or 1550nm.

I. After completion, the Contractor shall:

1. Certify, label, and provide test reports for all strands of fiber.

2. Provide DIS “as built” records to update their GIS database.

2.4 SUPPORT SERVICES

A. The Contractor shall provide the State with an Account Manager within thirty (30) days of contract award that will be the single point of contact for account issues and support escalation requests.

B. The Contractor shall only take direction from DIS as the customer of record. End using entities must go through DIS with their support issues.

2.5 INSTALLATION

A. Contractor installation must include all required products and services needed to install a functional service.

B. Any installation costs listed on the Official Bid Price Sheet must also include all costs associated with site preparation (poles [if any], equipment set up, safety requirements, cleanup, etc.) to fully install the site and restore the site to pre-installation conditions as determined by the site owner.

C. The Contractor shall conduct worksite cleanup. All packing crates, boxes, paper, packing material, and all other such extraneous material must be removed from the premises by the Contractor at the Contractor’s expense after installation.

D. The Contractor will not be responsible for paying colocation fees inside the State sites. Installation of external towers, antennae, etc., are not expected.

E. The Contractor shall un-box and install all Contractor equipment in locations designated by DIS.

F. The State will perform all customer site preparation activities including, but not limited to, power, ventilation, proper environmental conditions as per the equipment manufacturer’s specifications, and the installation of equipment racks.

G. The Contractor shall conduct technical interviews relating to the Contractor’s needs at the State’s site. Entrance facilities (typically conduit) are the responsibility of the Contractor where services are being installed.

H. The Contractor shall meet with the Site Contact (owner/occupant of property where services are being installed) to arrange and assign necessary site preparation responsibilities (conduit, power, backboard, etc.) in a mutually agreed upon time frame to ensure established due dates are met.

I. The Contractor shall coordinate with State sites for equipment installations.

J. DIS will provide on-site personnel to assist with the installation as deemed necessary by DIS.

K. DIS will provide the Contractor building access necessary to implement the service.

L. DIS will ensure circuit demarcation points are clearly identified.

M. The Contractor shall provide experienced and knowledgeable onsite support during installation, as deemed necessary by DIS. Onsite support must be at no additional cost to DIS.

N. The Contractor shall comply with all applicable codes, licenses, certifications, and standards in the State of Arkansas as it relates to the proposed installation services.

O. The Contractor(s) shall have Arkansas Contractors Licenses for any installation services that modify existing building structures.

1. State Agencies: Installation services that do not modify existing building structures as covered under Arkansas Building Authority Regulations are allowed for State agencies. Any installation services over $35,000 that modify existing building structures shall be regulated by Division of Building Authority (DBA) regulations.

2. Any other entity utilizing this contract shall follow their rules and regulations regarding installation services.

P. The Contractor shall only accept move, add, and change orders from authorized DIS employees via email or online only.

Q. The Contractor shall provide installation services in a manner and under a timeframe designed to minimize service disruption.

1. Contractor shall coordinate with DIS throughout installation so that affected DIS customers can be notified and emergency alternative communications can be provided by DIS, if necessary.

2. Services must be performed on a schedule that supports DIS and DIS’ customers’ operational needs, and may include nights, weekends, and holidays.

3. The installation plan provided to DIS must be negotiable and subject to modification and approval by DIS.

4. Contractor will receive written approval by DIS prior to commencement of installation.

R. The Contractor shall notify both the ordering entity and DIS in writing within ten (10) business days after receipt of order if the Contractor is unable to provide services ordered that were awarded as a result of this IFB. DIS may, at their discretion, notify the Office of State Procurement (OSP).

2.6 DELIVERY AND PROVISIONING OF SERVICE

A. The Contractor shall deliver service within service interval business days after receipt of the order

(ARO). Extended delivery dates may be considered when in the best interest of the State, including situations involving crossing public rights-of-way. DIS shall have final determination into which of the following scenarios a service fall. The initial State Work Orders will be for a fiscal 2024 project that must be completed and billed to DIS before June 30, 2024.

Figure A, Installation Intervals

Scenario

Time to Service Interval

Deadline for Extension Request

Existing Fiber to site (if owned by awardee) Up to 30 calendar days Up to day 15 ARO

Minor Build includes relocations with spare fiber to the customer demarcation point Up to 60 calendar days

Up to day 15 ARO

Major Build includes locations where construction is required including up to half mile of new fiber, multiple splice points, etc. Up to 90 calendar

Up to day 60 ARO

Complex Build includes locations involving permits, conduit, and more than a half mile of new fiber Up to 240 calendar

Up to day 210 ARO

B. Purchasing entities must go through DIS to acquire services. The Contractor shall only accept orders in reference to the contract from DIS.

C. DIS will communicate in their purchase order the option to have the Contractor’s equipment delivered to the end user service address or to DIS’s central warehouse at:

Arkansas Division of Information Systems One Capitol Mall Room 3C014 Little Rock, AR 72201

D. All deliveries must be made during normal State business hours and within the agreed upon number of days unless otherwise arranged and coordinated with DIS.

E. The Contractor shall be responsible for damage to property at agency facilities during installation of system and for damage to Contractor owned property caused by the Contractor.

F. A planned due date must be established for tracking purposes. If any agreed upon or established due date or interval is subject to being missed by more than three (3) business days, DIS must be notified immediately and a new due date negotiated. If an acceptable due date cannot be established, DIS may cancel the order and alternate methods of procurement may be pursued.

2.7 MADATORY SITE VISITS

A. All Contractors shall attend mandatory site visits for sites which they intend to bid. Dates, times, and locations of the mandatory site visits are provided in Attachment A: State Parks Vendor Meet Schedule.

B. Contractors should RSVP to the OSP Buyer no later than twenty-four (24) hours prior to the site visit. Prospective Contractors who do not RSVP by the deadline may not be included in the visit.

C. The Contractor shall not request information from Parks employees outside of the scheduled mandatory site visits.

D. During Mandatory Site Visits, the Contractor shall communicate with authorized personnel only.

E. Prospective Contractors present and participating in the site visit will have the opportunity to ask questions. However, while answers are provided as a courtesy to all in attendance, no oral responses provided by DIS will become a part of IFB specifications or the resulting contract unless answer is provided in writing. As such, Prospective Contractors are encouraged to also submit pertinent questions as part of the written Q&A process described in Section 1.6 of the

IFB.

F. The Contractor shall fill out and have signed by the State’s representative the Site Visit Verification Form included with the RFP posting for each site the Contractor visits.

G. The Contractor should return the signed Site Visit Verification Form as part of their bid response.

H. For more information on each Park, please visit http://www.arkansasstateparks.com/parks .

2.8 SCHEDULE

A. Contractor shall submit a proposed timeline schedule, in calendar days, of the time required for the various components consisting of: facilities check, design, engineering, construction, central office or point of presence upgrades, installation, training, testing, and service acceptance to provide for a cutover date.

1. The Contractor shall email the information to dis.network.implementation@arkansas.gov & dis.contracts@arkansas.gov no later than thirty (30) calendar days following contract award.

2. Contractor should not include this with their bid response.

B. If the proposed timeline schedule exceeds the requested initial installation interval of thirty (30) calendar days or the proposed initial Contractor service date, it must be subject to DIS approval.

C. No later than fourteen (14) calendar days following contract award, DIS and the Contractor shall negotiate a mutually agreeable installation plan for the services.

D. The conversion of service must be performed on a schedule that supports DIS and their customers’ operational needs and may include nights, weekends, and holidays.

2.9 TESTING & CUTOVER

A. The Contractor shall perform testing after installation of services to ensure said services are operating properly.

http://www.arkansasstateparks.com/parks mailto:dis.network.implementation@arkansas.gov mailto:dis.contracts@arkansas.gov

B. The Contractor shall provide documentation of test results within 10 business to DIS. This documentation must include fiber-loss measurement and as-built records..

C. Installation must not be considered satisfactorily complete until the Contractor has received notification from DIS that the installation is accepted, and the installed service is working.

D. The Contractor shall provide testing services in a manner and timeframe designed to minimize disruption to purchasing entities:

1. The Contractor shall coordinate with DIS throughout testing so that affected DIS customers can be notified and emergency alternative communications can be provided by DIS, if necessary.

2. Services must be performed on a schedule that supports DIS and DIS’ customers’ operational needs and may include nights, weekends, and holidays.

E. DIS will test the system in a live DIS-provided environment for a maximum of thirty (30) consecutive calendar days.

1. DIS will not accept the service until the availability of 99.95% is met for thirty (30) consecutive calendar days max.

2. If the service up-time falls below 99.95% during DIS testing process, DIS’s testing measurement period will be restarted beginning with the first day of the thirty (30) consecutive calendar days. max. DIS will continue testing until either the 99.95% availability requirement is met, or ninety (90) consecutive calendar days max have passed since the testing process began.

3. If the service fails to meet the availability requirement within ninety (90) calendar days after the cutover date, DIS will continue acceptance testing on a daily basis upon written mutual agreement of all parties.

4. If the service fails acceptance testing, DIS will notify the Contractor of the deficiencies in writing and may submit a below standard State Contractor Performance Report (VPR).

2.10 FORCE MAJURE

Except for payment of amounts due, neither party will be liable for any delay, failure in performance, loss, or damage due to fire, explosion, cable/fiber cuts, power blackout, earthquake, flood, embargo, acts of civil or military authority, war, terrorism, acts of God, acts of public enemy, acts of regulatory or governmental agencies, delays from third parties deterring the Contractor from obtaining necessary licensing/construction permits/right of ways, or other causes beyond such party’s reasonable control.

2.11 BILLING PROCESS AND MANAGEMENT

A. The Contractor shall describe their process for resolving billing errors and the timeline for correcting billing errors.

1. The Contractor shall send the information to dis.contracts@arkansas.gov no later than thirty (30) days following contract award.

2. The Contractor should not include this with their bid response.

B. Contractor shall conduct a first bill review within thirty (30) days of the first bill cycle of each type of service to verify correctness of contract billing. It is the Contractor’s responsibility to initiate and coordinate this meeting by emailing dis.contracts@arkansas.gov. Failure to do so may result in a negative Vendor Performance Report (VPR).

1. At least one (1) Contractor representative shall be on site at DIS for the bill review meeting unless permission has been given by email from DIS to not be on-site. The Contractor representative will provide at their expense a conference bridge or web-meeting allowing all necessary Contractor personnel to participate.

2. If incorrect rates or quantities are found, DIS must be notified and they must be corrected no later than the fourth (4th) billing cycle after error is found. The State shall have the right to withhold payment until corrections have been made and a corrected invoice is received.

3. All billing errors found in the first bill review or in a later bill review by DIS or the Contractor must be credited back to the original date of the error, but not beyond the beginning of the corresponding contract.

4. Contractor shall not impose any time restrictions upon DIS to identify billing errors and request a credit or refund.

C. The following fields for services, equipment, and onetime charges must be provided on each invoice if applicable:

1. Contractor Name

2. Invoice Number

3. Account Number

4. Contractor Billing Date

5. Circuit Number

6. Location Name

7. Contract Number

8. Address

9. City

10. Zip

11. Zip4

12. State

13. Product Description

14. Circuit Charge Amount

15. Circuit Tax Amount

16. Circuit Fees Amount

17. Total Bill Amount

2.12 PAYMENT AND INVOICE PROVISIONS for DARK FIBER MONTHLY SERVICE A. Please forward invoices to:

Arkansas Division of Information Systems Attention: Accounts Payable PO Box 3155 Little Rock, AR 72203-3155

B. By mutual agreement, invoices may be emailed to dis.accounts.receivable@arkansas.gov.

C. Payment will be made in accordance with applicable State of Arkansas accounting procedures upon acceptance of goods and services by the agency.

mailto:dis.accounts.receivable@arkansas.gov

D. Do not invoice the State in advance of delivery and acceptance of any goods or services.

E. Payment will be made only after the Contractor has successfully satisfied the agency as to the reliability and effectiveness of the goods or services purchased as a whole.

F. 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.

G. Other sections of this Bid Solicitation may contain additional requirements for invoicing.

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. 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. 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.

D. 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.

E. 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.

F. 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. DELIVERY: FOB DESTINATION

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.

3.4. 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.

3.5. 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.