S000000326 Physical Therapy Final~2.pdf

Rev 11/2023

STATE OF ARKANSAS

DEPARTMENT OF TRANSFORMATION AND SHARED SERVICES

OFFICE OF STATE PROCUREMENT

501 Woodlane St., Ste. 220

Little Rock, Arkansas 72201-1023

INVITATION FOR BID

SOLICITATION DOCUMENT

SOLICITATION INFORMATION

Solicitation Number: S000000326 Solicitation Issued: May 14, 2024

Description: Physical Therapy Services

Department: Arkansas School for the Deaf

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Bid Opening Date: May 30, 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: Join the meeting now

Meeting ID: 292 093 042 264

Passcode: HSvGS4

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

Phone conference ID: 458 906 129#

TSS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

TSS OSP Procurement Specialist:

Julie Robnolt Procurement Specialist’s Direct Phone Number:

501-371-6070

Email Address: julie.robnolt@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_NzlhY2ZkYTQtNmY5ZC00YjhmLTgxYzctY2UzYTA0NjIyZTY4%40thread.v2/0?context=%7b%22Tid%22%3a%225ec1d8f0-cb62-4000-b327-8e63b0547048%22%2c%22Oid%22%3a%22a5e9cf20-c478-4e36-8fed-351f1ae086e2%22%7d https://dialin.teams.microsoft.com/6b6513dc-a034-48d2-8d06-7e711c4ecc0b?id=719036839 mailto:julie.robnolt@arkansas.gov https://www.transform.ar.gov/procurement/

SECTION 1 – INFORMATION AND INSTRUCTIONS

1.1 INTRODUCTION

This Invitation for Bid (IFB) is issued by the TSS Office of State Procurement (TSS OSP) for the Arkansas School for the Deaf (“ASD” or “Department”) to obtain pricing and a contract for Physical Therapy Services.

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

1.2 OBJECTIVE AND GOALS

The Department seeks to obtain a contract for a licensed Physical Therapist to provide their services to Elementary, Middle, and High School Students at ASD.

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 is August 1, 2024, except that the actual contract start date may be adjusted unilaterally by the State for up to three (3) calendar months. By submitting a signed bid in response to the IFB, the Prospective Contractor represents and warrants that it will honor its bid as being held open as irrevocable for this period.

C. The initial term of a resulting contract will be 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, 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. 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.

1.5 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 of 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 May 19, 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 May 22, 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.

https://arbuy.arkansas.gov/

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, 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, 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.

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 https://www.section508.gov/sell/vpat/

SECTION 2 – SPECIFICATIONS AND REQUIREMENTS

2.1 CONTRACTOR MINIMUM QUALIFICATIONS

A. The Contractor shall have a degree in Physical Therapy.

B. The Contractor shall have at least two (2) years of experience as a Physical Therapist with pediatrics.

C. The Contractor shall have at least three (3) years of experience working with students with multiple disabilities.

D. The Contractor shall have at least two (2) years of experience working with behavior modification and execution of behavior plans.

2.2 LICENSURE AND AMERICAN SIGN LANGUAGE REQUIREMENTS

A. The Contractor shall provide a current copy of unrestricted Physical Therapist license as approved by the Arkansas State Licensing Board prior to award.

B. The Contractor shall provide updated credentials to the school administration as needed.

C. The Contractor shall have CPR and first aid certifications.

D. The Contractor shall be required to pass the Sign Communication Proficiency Interview (SCPI) assessment and achieve a competency level of intermediate or higher. The Contractor shall not be considered if they are unable to communicate at an intermediate level using American Sign Language (ASL).

E. If the Contractor already has a SCPI certification, the Contractor shall provide certification either with bid submission or prior to award.

F. If the Contractor is not SCPI certified, the Contractor shall complete the assessment within three (3) business days of being notified that they are the apparent successful Contractor. The cost of the assessment will be borne by ASD.

2.3 GENERAL REQUIREMENTS

A. The Contractor shall perform all services on a full-time basis during school hours, ten (10) months per year, and shall perform all services on-site at the Arkansas School for the Deaf. School hours are Monday through Thursday, 8:00 AM to 3:30 PM, and Friday, 8:00 AM to 1:00 PM.

B. The Contractor shall have basic computer skills to complete reports, forms, and online paperwork for meetings.

C. The Contractor shall have strong organizational skills with attention to detail and accuracy.

D. The Contractor shall be able to write routine reports and correspondence.

E. The Contractor shall be able to apply common sense understanding to carry out instructions furnished in written, oral, or diagram form.

F. The Contractor shall consistently and critically evaluate sources of information related to physical therapy practice, outcomes of research and education, and shall apply the knowledge from these sources in a scientific manner and to appropriate populations.

G. The Contractor shall identify, acquire, and apply knowledge, skills, and abilities required for current physical therapy practice.

H. The Contractor shall continuously develop the knowledge, skills, and abilities to communicate, manage knowledge, mitigate error, and support decision-making utilizing information technology (informatics).

I. The Contractor shall be able to communicate effectively and professionally with a wide range of people including, but not limited to, teachers, staff, administration, and parents.

J. The Contractor shall be able to speak effectively in a group setting to communicate the needs for individual students.

K. The Contractor shall participate in required meetings for students as needed including, but not limited to, the following:

1. Staffing Meetings

2. Individualized Education Program (IEP) Meetings

3. Special Programming Conference Meetings

4. Existing Programming Conference Meetings

5. Existing Date Review Meetings

L. The Contractor shall provide feedback to teachers and staff regarding the student’s classroom needs.

M. The Contractor shall complete their tasks in a timely manner according to the IEP plan.

N. The Contractor shall maintain a regular and punctual attendance.

O. The Contractor shall be able to handle multiple tasks in a busy environment.

2.4 REQUIREMENTS WITH REGARDS TO THE STUDENTS

A. The Contractor shall be able to work with students ages two (2) to eighteen (18) years as well as their families and the school staff.

B. The Contractor shall evaluate and assess the physical development and abilities of the students.

C. The Contractor shall deliver, evaluate, and adjust the physical therapy intervention as approved by the Medical Doctor and the IEP team.

D. The Contractor shall develop and implement students individualized treatment plans to improve strength, mobility, coordination, and endurance.

E. The Contractor shall be able to move and/or assist students learning to do positional transitions, working on balance skills, and all gross motor skills required for a student in the academic setting.

F. The Contractor shall be able to read and interpret documents such as safety rules, policies, and other school documents such as incoming therapy reports.

G. The Contractor shall make recommendations for adaptations in the classroom and/or dormitory to improve a student’s functional mobility within their environment as needed to follow the Individuals with Disabilities Education Act (IDEA) and Americans with Disabilities Act (ADA).

H. The Contractor shall make recommendations and/or provide any adaptive and/or sensory equipment that would assist the student to improve their functional mobility in the classroom. The recommendations and/or provisions for equipment must be made in collaboration with the school’s staff.

2.5 INDIVIDUALIZED EDUCATION PROGRAM REQUIREMENTS

A. The Contractor shall schedule children into their caseload and provide therapy services according to the time indicated on the student’s IEP and/or compensatory time required.

B. The Contractor shall collaborate with other disciplines to ensure quality services for students and decrease schedule conflicts.

C. The Contractor shall create appropriate goals and objectives to be turned in with the evaluation.

D. The Contractor shall evaluate students using appropriate testing protocols, tools, etc. within the timeline indicated on the student’s paperwork.

E. The Contractor shall evaluate students using American Sign Language (ASL).

F. The Contractor shall input evaluation and schedule of services information into the online platform before meetings.

G. The Contractor shall provide documentation of therapy services.

H. The Contractor shall complete monthly calendar by required deadline for Medicaid billing and shall send to the appropriate person each month.

I. The Contractor shall have the knowledge of due process procedures for related services for IEP students.

2.6 COMPETENCY REQUIREMENTS

A. The Contractor shall have knowledge and understanding of Deaf culture and cultural sensitivities.

B. The Contractor shall demonstrate a commitment to children and families.

C. The Contractor shall solicit staff and/or family for feedback to improve care.

D. The Contractor shall apply relevant feedback to improve care, performance, and quality of services provided.

E. The Contractor shall look for ways to improve and promote quality of services provided.

F. To ensure that the quality of the services provided is maintained, the Contractor’s work must be:

1. Self-monitored by the Contractor

2. Monitored by the supervisor of the Contractor from the school

3. Monitored by the members of the IEP team

4. Validated by annual renewal of licensure approved by the Arkansas State Licensing Board

G. The Contractor shall respond promptly to requests for services and assistance as established by the IEP team and shall follow through on the commitments.

H. The Contractor shall follow instructions, policies, and procedures and shall respond to management direction.

I. The Contractor shall complete tasks on time or shall notify appropriate person with an alternative plan.

J. The Contractor shall treat others with respect and consideration regardless of their status or position.

K. The Contractor shall follow and implement the school’s safety and health protocols and shall take appropriate action in any emergency situation.

L. The Contractor shall report potentially unsafe conditions to appropriate party.

M. The Contractor shall use equipment and materials properly.

N. If training staff, the Contractor shall ensure that the staff are using the equipment and materials properly.

O. The Contractor shall be objective and open to other people’s views.

P. The Contractor shall contribute to building a positive team spirit.

Q. The Contractor shall be able to build morale and group commitments toward goals and objectives.

2.7 PHYSICAL REQUIREMENTS

A. The Contractor shall frequently be required to talk or use ASL.

B. The Contractor shall regularly be required to sit, walk, use hands, and reach out with hands and arms.

C. The Contractor shall frequently be required to stand, stoop, twist, bend, kneel, crouch, or crawl.

D. The Contractor shall frequently be required to sit on the floor and shall be able to stand up independently.

E. The Contractor shall frequently have to lift and/or move up to 50 pounds.

F. The Contractor shall have functional use of vision including color and depth perceptions. The Contractor may use corrective lenses for 20/20 vision.

2.8 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 Department due to the assessment of damages, the Contractor shall follow the direction of the Department regarding the required compensation process.

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

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. 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. 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 https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.transform.ar.gov%2Fwp-content%2Fuploads%2FServices-Contract-SRV-1-Fillable-Form-V.3.6.27.22.pdf&data=05%7C01%7Cbrandi.schroeder%40arkansas.gov%7C9a1a244ccb3c41e3116e08db39ea4a05%7C5ec1d8f0cb624000b3278e63b0547048%7C0%7C0%7C638167450648138830%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=vJT2HAmMqM7FwUbkgVGtr%2B%2FlT%2B8b43e9Zz0oayZPGiY%3D&reserved=0

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.

3.4. 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.