S000000303 IFB Remediation of Abandoned Coal Mine Lands.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: S000000303 Solicitation Issued: January 29, 2024

Description: Remediation Of Abandoned Coal Mined Lands

Department: Arkansas Department of Energy and Environment

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Bid Opening Date: February 14, 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: 213 588 699 185

Passcode: USzT2w

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

Phone conference ID: 436 622 976#

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_NjNmNGFiNzEtNDJkZS00ODhkLWIyMTgtMzRhMmQxMDM5ZTEw%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 Energy and Environment (“Agency”) to obtain pricing and a contract for Remediation of Abandoned Coal Mined Lands located in Sebastion County, Arkansas.

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

1.2 OBJECTIVE AND GOALS

The Agency seeks to obtain turn-key bids from qualified Contractors for the remediation of abandoned coal mined lands located in Sebastian County, Arkansas and referred to as the Sebastian Mine Remediation Project. The Agency intends to award the project to the lowest responsive and responsible Contractor for the work outlined within this IFB.

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 will be from date of award, except that the actual contract start date may be adjusted unilaterally by the State for up to three (3) calendar months. By submitting a signed bid in response to the IFB, the Prospective Contractor represents and warrants that it will honor its bid as being held open as irrevocable for this period.

C. The term of a resulting contract will be for two (2) years, with no option to renew.

1.4 DEFINITION OF TERMS

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

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

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

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 Agency using such a contract.

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 Total Annual Cost as shown in the ARBuy portal submitted by the Prospective Contractor.

B. TSS OSP and/or the Agency 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.

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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 11:00 P.M.

Central Time on or before February 6, 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 on February 7, 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.

https://arbuy.arkansas.gov/

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

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

c. Completed pricing response in the ARBuy portal.

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

ii. If pricing 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.

iii. Prices must be firm offers.

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

v. 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 Section 14 of the Services Contract Form, SRV-1).

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 Section 11 of the Services Contract Form, SRV-1).

b. Customer reference(s).

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 the Solicitation document(s) 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/Services-Contract-SRV-1-Fillable-Form-V.3.6.27.22.pdf https://www.transform.ar.gov/wp-content/uploads/Services-Contract-SRV-1-Fillable-Form-V.3.6.27.22.pdf

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SECTION 2 – SPECIFICATIONS AND REQUIREMENTS

2.1 PROSPECTIVE CONTRACTOR QUALIFICATIONS

A. Prospective Contractor shall meet all the Requirements as specified within this IFB.

B. Prospective Contractor shall provide all labor, equipment, materials, etc. in order to achieve the Requirements as specified within this IFB.

C. Prospective Contractor should provide customer reference(s) with their bid submission but must be submitted when requested by TSS OSP.

1. Customer reference(s) must include jobs of past mining projects of similar size and scope, preferably with a State or Federal government agency.

2.2 MANDATORY SITE VISIT

A. The Prospective Contractor or one (1) of the Contractor’s representatives shall attend and participate in a mandatory site visit for the Sebastian County Remediation of Abandoned Coal Mined Lands as specified in this IFB. (See Attachment A – Mandatory Site Visit Verification Form.)

1. It is strongly encouraged the Prospective Contractor, or the Contractor’s representative arrive early enough before the mandatory site visit begins.

B. Should the Prospective Contractor or the Contractor’s representative arrive after the scheduled start time at the starting location as specified in Attachment A – Mandatory Site Visit Verification Form, the Prospective Contractor or the Contractor’s representative shall not be permitted to participate in the mandatory site visit.

1. Late arrivals will not be permitted to join the mandatory site visit.

C. Should the Prospective Contractor or the Contractor’s representative fail to participate in the mandatory site visit at the location, date, and time specified within this IFB, the Prospective Contractor’s bid will be rejected.

D. The mandatory site visit will begin at the following location, date, and time:

Sebastian County Coal Mine 6451 Happy Valley Road Hartford, AR 72938

Date: Monday, February 5, 2024 Time: 10:00 a.m. CT

E. Upon arrival at the mandatory site visit location, the Prospective Contractor or the Contractor’s representative shall sign the sign-in sheet provided by the Agency.

1. Agency contact information:

Kevin White, MDIV, CPM | Mining Program Manager 479.289.6819 kevin.white@adeq.state.ar.us

Or

Mark Strang | Mining Engineer 479.289.6822 mark.strang@adeq.state.ar.us

F. The Prospective Contractor or the Contractor’s representative shall provide Attachment A – Mandatory Site Visit Verification Form to the Agency personnel conducting the mandatory site visit for signature upon completion of the mandatory site visit.

G. The Prospective Contractor should submit a signed Attachment A – Mandatory Site Visit Verification Form with their bid submission but shall provide the signed Attachment A – Mandatory Site Visit Verification Form when requested by TSS OSP prior to award of a contract.

H. The Prospective Contractor or the Contractor’s representative present and participating in the

S000000303 Page 6 of 11 mandatory site visit will be given the opportunity to ask questions during the mandatory site visit.

1. Although answers will be provided as a courtesy to all in attendance, no oral responses provided by the Agency during the mandatory site visit will become part of a contract resulting from this solicitation unless the oral response provided is reduced to writing and attached as an addendum to this IFB.

2.3 CONTRACTOR’S RESPONSIBILITIES AND REQUIREMENTS

A. The Contractor shall provide the following tasks according to Regulation 20 of the Arkansas Surface

Coal Mining and Reclamation Code: https://www.adeq.state.ar.us/regs/files/reg20_final_020926.pdf

Task 1 – Grading Wash Plant Pad Area, approximately fourteen.five (14.5) acres

1. The Contractor shall grade approximately fourteen.five (14.5) acres of wash plant pad areas in such a manner that the area will have a positive drainage down the haulage road and into the existing portal pit area.

2. The Contractor shall grade the wash plant pad area to have no slope greater than 4:1.

3. The Contractor shall cover all disturbed areas with twelve (12) inches of material suitable for growing and sustaining vegetation.

4. The Contractor shall use materials for cover from off-site as there is no material available for cover use within the permitted mine site.

5. The Contractor shall mulch and seed all graded and disturbed areas.

6. The Contractor shall move approximately fifteen thousand (15,000) cubic yards of spoil material during the grading process.

7. The Contractor shall transport approximately twenty-four thousand (24,000) cubic yards of material suitable for growing and sustaining vegetation to the site for use as cover for the wash plant pad area. This can be a mixture of soils, straw, wood chips, etc.

Task 2 –Pond Area Grading, approximately six (6) acres

1. The Contractor shall grade approximately six (6) acres of pond areas in a manner that there is sufficient drainage off the top of pond areas into a remaining permanent pond. There are four (4) ponds previously used for retaining fines from wash plant.

2. The Contractor shall cover the reclaimed pond area with twelve (12) inches of material suitable for growing and sustaining vegetation.

3. The Contractor shall use materials for cover from off-site as there is no material available for cover use within the permitted mine site.

4. The Contractor shall mulch and seed all graded and disturbed areas.

5. The Contractor shall move approximately four thousand (4,000) cubic yards of material from the grading process.

6. The Contractor shall transport approximately ten thousand (10,000) cubic yards of material suitable for growing and sustaining vegetation to the site for use as cover for the graded pond areas. This can be a mixture of soils, straw, wood chips, etc.

Task 3 – High Wall Stabilization, eight hundred (800) linear feet

1. The Contractor shall stabilize approximately eight hundred (800) linear feet of high wall that is present in the surface mined area.

2. The Contractor shall stabilize the high wall to a minimum slope of 2:1 with no portion of the high wall left exposed.

3. The Contractor shall use all materials for sloping the high wall located within fifty (50) feet of the southern portion of the existing high wall.

https://www.adeq.state.ar.us/regs/files/reg20_final_020926.pdf

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4. The Contractor shall mulch and seed all graded and disturbed high wall areas. This can be a mixture of soils, straw, wood chips, etc.

Task 4 – Working Face and Refuse Pile, approximately five (5) acres

1. The Contractor shall re-work approximately five (5) acres of the old working face of the mine and a nearby refuse pile in a manner to remove erosion rills in the uncovered portion of the existing working face.

2. The Contractor shall cover all exposed areas of existing working face with thirty (30) inches of material that is suitable for growing and sustaining vegetation and sloped to match existing slope on the previously reclaimed working face.

3. The Contractor shall use materials for cover from off-site as there is no material available for cover use within the permitted mine site.

4. The Contractor shall mulch, and seed all graded all disturbed areas.

5. The Contractor shall move approximately ten thousand (10,000) cubic yards of refuse material during the grading process, prior to the area being covered.

6. The Contractor shall transport approximately twenty-seven thousand (27,000) cubic yards of material that is suitable for growing and sustaining vegetation to the site for use as cover for the graded pond area. This can be a mixture of soils, straw, wood chips, etc.

2.4 PERFORMANCE STANDARDS

A. State law requires that contracts for services include Performance Standards for measuring the overall quality of services that a Contractor shall provide.

B. The State may be open to negotiations of Performance Standards prior to contract award, prior to the commencement of services, or at times throughout the contract duration. Table A: Performance Standards identifies expected deliverables, performance measures, or outcomes; and defines the acceptable standards.

C. Performance Standards shall not be amended unless they are agreed to in writing and signed by the parties.

D. Failure to meet the minimum Performance Standards as specified will result in the assessment of damages.

E. In the event a Performance Standard is not met, the Contractor will have the opportunity to defend or respond to the insufficiency. The State has the right to waive damages if it determines there were extenuating factors beyond the control of the Contractor that hindered the performance of services. In these instances, the State has final determination of the performance acceptability.

F. Should any compensation be owed to the Agency due to the assessment of damages, the Contractor shall follow the direction of the Agency regarding the required compensation process.

TABLE A: PERFORMANCE STANDARDS

Criteria Standard Damages

Grading Wash Plant Pad 100% complete

Withhold payment of ten percent (10%) of the invoiced project cost until completion of the specified scope of work has been approved

Grading Pond Area 100% complete

Withhold payment of ten percent (10%) of the invoiced project cost until completion of the specified scope of work has been approved

High Wall Stabilization 100% complete Withhold payment of ten percent (10%) of the invoiced project cost

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Working Face and Refuse Pile

100% complete

Withhold payment of ten percent (10%) of the invoiced project cost until completion of the specified scope of work has been approved

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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.

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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 Services Contract (SRV-1) Fillable Form (found here).

1. 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. 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.

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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.

3.4. 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.