S000000335 IFB Mass Spectrometer and HPLC.pdf

Rev 05/2024

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: S000000335 Solicitation Issued: June 19,2024

Description: Triple Quadrupole Mass Spectrometer and High Pressure Liquid Chromatograph

Department: Department of Agriculture

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Bid Opening Date: July 29, 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: Meeting ID: 215 203 479 434

Passcode: nmvrAz

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

Phone conference ID: 581 135 269#

TSS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

TSS OSP Procurement Specialist:

Wendy Hickok Procurement Specialist’s Direct Phone Number:

501-324-9314

Email Address: Wendy.hickok@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_NWRiNjYwYTItMDkyZS00Y2U1LWI3NjYtYzBlMWVmMDViZTU3%40thread.v2/0?context=%7b%22Tid%22%3a%225ec1d8f0-cb62-4000-b327-8e63b0547048%22%2c%22Oid%22%3a%229366d6e8-d352-4f8a-878a-9c24d9253d67%22%7d https://dialin.teams.microsoft.com/6b6513dc-a034-48d2-8d06-7e711c4ecc0b?id=719036839 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 Department of Agriculture to obtain pricing and a contract for two pieces of equipment: a triple quadrupole mass spectrometer and a high pressure liquid chromatograph (HPLC) (collectively referred to hereinafter as “Equipment”).

Direct all correspondence regarding this Solicitation to TSS OSP and not to the Department of Agriculture.

1.2 TYPE OF CONTRACT

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

Selection).

B. The anticipated starting date for any resulting contract is upon 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.

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 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 Bid Cost of the Official Bid Price Sheet attached as a separate excel spreadsheet submitted by the Prospective Contractor in ARBuy.

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.

1.5 CLARIFICATION OF SOLICITATION

A. Submit questions regarding this Solicitation via the Solicitation posting in ARBuy by midnight, Central

Time on or before 7/08/2024.

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 7/15/2024. If Prospective Contractor questions are unclear or non-substantive in nature, the State may request clarification of a question(s) or decline to answer.

B. The Prospective Contractor should notify the TSS OSP Procurement Specialist of any term, condition, etc., that precludes the Prospective Contractor from submitting a Responsive Bid.

Prospective Contractors should note that it is the responsibility of the Prospective Contractor to seek resolution of all such issues, including those relating to the terms and conditions of the contract, prior to the submission of a bid.

C. Prospective Contractors may contact the TSS OSP Procurement Specialist with non-substantive questions at any time prior to the bid opening.

D. An oral statement by TSS OSP will not be part of any contract resulting from this Solicitation and may not reasonably be relied on by any Prospective Contractor as an aid to interpretation unless it is reduced to writing and expressly adopted by TSS OSP.

1.6 RESPONSE DOCUMENTS

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

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

B. Bid Response Packet

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

2. The following are bid submission Requirements and must be submitted as part of a Prospective Contractor’s bid.

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

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

c. Completed Official Bid Price Sheet attached to Solicitation posting.

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

ii. Pricing must include:

• All supplies and accessories required for the installation and startup, including without limitation, hardware and software.

• Full installation, including vendor completion of IDL at instrument install.

https://arbuy.arkansas.gov/

• A one (1) year expanded warranty that must cover all related labor, parts, and travel expenses.

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

iv. Prices must be firm offers.

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

vi. State and local sales taxes should not be included in the bid price. Trade discounts should be deducted from the unit price and the net price should be shown in the bid.

d. Copy of Prospective Contractor’s Equal Opportunity Policy

i. Pursuant to Arkansas Code Annotated § 19-11-104, OSP requires a Prospective Contractor bidding on a state contract to submit a copy of the Prospective Contractor’s Equal Opportunity (EO) Policy. Prospective Contractors not required by law to have an EO Policy must submit a written statement to that effect.

e. Proposed Subcontractors Form (see 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 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.

https://www.transform.ar.gov/wp-content/uploads/2020/06/Standard-Commodities-Contract-Template-6.18.20.docx https://www.transform.ar.gov/wp-content/uploads/2020/06/Standard-Commodities-Contract-Template-6.18.20.docx https://www.section508.gov/sell/vpat/

SECTION 2 – SPECIFICATIONS AND REQUIREMENTS

2.1 TRIPLE QUADRUPOLE MASS SPECTROMETER SPECIFICATIONS

The triple quadrupole mass spectrometer must meet, at minimum, the following specifications:

A. Quickly switch polarity (<25ms) in ESI (electrospray ionization) mode within the same analytical run.

B. Analyze a mass range of m/z 5-3000.

C. Minimal mass accuracies:

1. +/- 0.1 Da from m/z 5 to 1,000.

2. +/- 0.2 Da from m/z 1,000 to 2,000.

3. +/- 0.3 Da from m/z 2,000 to 3,000.

D. Operate in MRM (multiple reaction monitoring), SIM (secondary ion mass), MS Scan, product ion scan and precursor ion scan.

E. Analyze 500 MRMs/sec.

F. Analyze pesticides at trace level (1ug/kg) in difficult matrices.

G. Mass resolution (autotune), full width at half maximum: 0.7 Da (in Narrow mode).

H. Mass stability <0.1 Da drift in 24 hours up to m/z 2,122 in positive mode and m/z 2,234 in negative mode.

I. Linear dynamic range of >6.0 x 106.

J. Triple quadrupole (QQQ) modes of operations MRM (including dynamic and triggered), SIM, MS Scan, product ion scan, neutral loss/gain scan and precursor ion scan.

K. Maximum scan rate 17,000Da/s.

L. Maximum MRM acquisition rate 500 MRMs/s.

M. Minimum MRM dwell time 0.5ms.

N. Orthogonal ionization sources (must include wide range):

1. Electrospray (ESI).

2. Nanospray ESI-for low applications

3. APCI source (Atmospheric Pressure Chemical Ionization).

4. Multimode source (simultaneous ESI and APCI).

O. Reinjection artificial intelligence-intelligent and automated secondary reinjection logic.

P. Solvent declustering-countercurrent drying gas and heated nebulizer sheath gas on standard ion source.

Q. Detector - +/- 20kV high-energy conversion dynode (HED) and high-gain electron multiplier horn.

R. Vacuum system-two turbomolecular pumps with one mechanical pump.

S. VacShield Assembly-vent prevention.

T. PFAS MRM Library-curated database of ~ 100 native and isotopically labelled PFAS compounds and MS acquisition parameters.

U. Pesticide MRM Library – a library curated with most common use pesticides and their MS acquisition parameters.

V. The triple quadrupole mass spectrometer must meet the following MRM (multiple reaction monitoring) sensitivity requirements:

1. Signal-to-Noise ratio (S/N), ESI (electrospray ionization) positive-1 pg of reserpine injected on column, quantifying on the transition m/z 609.3 to 195.1:S/N>1,200,000:1.

2. Signal-to-Noise ratio (S/N), ESI (electrospray ionization) negative-1 pg of chloramphenicol injected on column, quantifying on the transition m/z 321.0 to 152.0:S/N>1,200,000:1.

3. Instrument Detection Limit (IDL), ESI (electrospray ionization) positive-1 fg of reserpine injected on column, quantifying on the transition m/z 609.3 to 195.1:IDL<0.6 fg with 99% confidence.

4. Instrument Detection Limit (IDL), ESI (electrospray ionization) Negative-1 fg of chloramphenicol injected on column, quantifying on the transition m/z 321.0 to 152.0:IDL<0.6 fg with 99% confidence.

W. The triple quadrupole mass spectrometer must meet the following design requirements:

1. Ion Transfer-Hexabore sampling capillary and dual ion funnel design.

2. Quadrupole-Hyperbolic quadrupole rods.

X. Collision cell geometry must be curved and tapered hexapole collision with axial acceleration voltage.

Y. The triple quadrupole mass spectrometer must meet the following MRM transitions requirements:

1. Maximum MRM transitions-450 per time segment, up to 13,500 ion transitions per method.

2. Dynamic MRM transitions-up to 4,000 dynamic MRM transitions per method.

3. Triggered MRM transitions-up to 10 tMRM transitions (primary and secondary) per analyte for library search and compound confirmation.

Z. The triple quadrupole mass spectrometer must meet the following system control requirements:

1. System must support a stackable LC (liquid chromatography) system.

2. Instrument control system must be controlled using industry standard TCP/IP LAN protocols.

3. Single point of control must include single point data system methos capability that offers full control for HPLC system and Triple Quadrupole MS system and communication between the two such that if the LC or MS experiences a “not ready” condition, error or leak, the system stops injecting the sample.

AA. The triple quadrupole mass spectrometer must meet the following method-oriented compound and source optimizer requirements:

1. Automated programs for the optimization of MRM methods and source conditions using flow injection of standard mixtures must be included.

2. An integrated and automated/guided approach to accelerate the fine tuning and development of methods.

BB. The triple quadrupole mass spectrometer must meet the following time programming requirements:

1. Polarity changes in time segment.

2. Scan and SIM or MRM (plus other modes of data collection).

3. Dynamic and triggered MRM aligns MRMs with compound retention time.

4. Solvent divert through calibrant delivery system valve.

CC. Orthogonal API, electrospray and (ESI and AJS) and APCI sources must have an API-electrospray and APCI nebulizer that is positioned orthogonally to the inlet of the capillary and accommodates a range of mobile phases including 100% water at flow rates to 1,000 uL/min (electrospray) and 1,500 uL/min (APCI) without use of a flow splitter.

DD. Fixed nebulizer must be fixed and must not require positional adjustments for various flows, matrices or solvents.

EE. Method detection levels for EPA 533 must have demonstrated MDL of 0.5 ng/L for Perfluorononoic acid (PFNA) and Perfluoropentanesulfonic acid (PFPeS) for EPA method 533.

2.2 HIGH PRESSURE LIQUID CHROMATOGRAPH (HPLC) REQUIREMENTS

A. The HPLC must have an operating pressure range up to 130 MPa (1300 bar) up to 2 ml/min, 80

MPa (800 bar) at 5 ml/min.

B. The HPLC must meet, at minimum, the following specifications:

1. Maximum flow rate of up to 5mL/min.

2. Autosampler capacity of 2-16 well plates within the LC-stack footprint.

3. Widest possible range of LC flow rates, from 5 uL/min to at least 5 mL/min.

a. The ion source should allow use of the full range of HPLC columns including narrow bore, standard bore and UHPLC columns.

4. pH range of 1.0-12.5.

5. Delay volume as low as possible gradient delay volume of the pump = 10 uL.

6. Flow precision ≤ 0.07% RSD or ≤ 0.005 min SD, whichever is greater.

7. Composition precision ≤ 0.15%RSD or ≤ 0.01 min SD, whichever is greater.

8. Hydraulic system-dual pistons in series.

9. Capacity-various and scalable drawer types from 2-16 well plates all within the LC-stack footprint.

10. Carryover-9ppm using multi-wash option.

11. Cycle time-10 seconds injection cycle time for single-needle instrument.

12. Injection volume range-0.1 to 500 uL by seat loop extension.

13. Dual-needle option requirements:

a. 2 independent flow paths and delay volumes.

b. Large and small sample loop volumes without HW change.

14. Linearity-by dual-needle option from 0.1 to 500 µL R2=0.9999.

15. Combined specification-up to 8 columns with 10 cm length and a temperature range from 20C below ambient to 110C all 8 columns available with column tag.

16. Column identification module that offers an automatic column-identification module as standard for GLP documentation of column type and major column parameters.

17. At least 2 independent temperature zones required.

18. Temperature range at high flow rates-10C below ambient to 100C at up to 2.5 ml/min flow of pure water and 10C below ambient to 80C at up to 5 ml/min flow of pure water.

19. Temperature accuracy of +/- 0.8C or +/- 0.5C with calibration.

20. Flexible valve system with valves that are easily user exchangeable.

21. Valves in closest proximity to the columns (right next to columns).

22. Pull-out valve mounting valves mounted on a pull-out device to bring the capillary connections into a position where they are unhindered accessible with the required tools.

23. Multiple TCC (Thermostatted Column Compartment) in a system, Upto 4 thermostatted column compartments must be available in an LC-system.

24. Column section valves – 8-column selection at the same pressure range as the pump must be available.

25. Automatic flow control at valve switching-the pump flow will be firmware controlled reduced before a valve will be switched.

26. An integrated 2Pos/10Port valve with a pressure range as of the pump must be available.

27. Column dimensions of up to 30 cm length must be supported.

28. Must be a stackable, self-contained module with solvent resistant material used in all areas which may have contact with the mobile phase.

C. The HPLC software must be available on the local controller and on the data system for single point control of the thermos-stated column compartment as well as other modules of the same family.

D. The module must enable pre column heating and post column cooling.

E. The HPLC must meet the following temperature requirements:

1. Range from 20C below ambient to 110C.

2. Precision +/- 0.05C.

F. The HPLC must include PFC-Free HPLC conversion kit with tubing and solvent filters made from materials that are designed specifically not to introduce fluorinated contaminants in the analysis of perfluorinated alkyl sulfonates and perfluorinated.

2.3 EQUIPMENT, INSTALLATION AND TRAINING REQUIREMENTS

A. The Equipment must be delivered with all supplies and accessories required for the installation and start-up including all hardware and software.

B. The Contractor shall complete full installation of Equipment to the extent that the Equipment is ready to use, including without limitation interface definition language (IDL) install.

C. The Equipment must include software and components that are fully compatible with each other.

D. The Equipment must be end-user ready to operate.

E. The Equipment must include first year expanded warranty to include all labor, parts and travel.

F. The Contractor shall provide telephone support and on-site field service by factory trained technicians.

1. Response time for on-site field service must be within 24 hours after the request during working hours (Monday through Friday, 8am to 430pm CST, excluding State of Arkansas holidays).

G. The Contractor shall provide on-site tutorials, demonstrations and comprehensive training immediately following delivery, installation and implementation of the Equipment.

1. Training must include functional operation of all equipment and related software to the extent that staff are fully able to use the equipment.

H. The Equipment must be of a compact, bench-top design to fit the space constraints of the laboratory.

1. All combined components must not exceed 106” length and 30” width.

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.

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:

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

4. 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),

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

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

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

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

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

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

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

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

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

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

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

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

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

3.3. GUARANTEES, SAMPLES, AND BRAND NAME REFERENCES

A. By submitting a bid, the Prospective Contractor represents and warrants that goods its sells to the

Department under a resulting contract shall be merchantable.

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

1. Each sample should be marked with the Prospective Contractor's name and address, bid or contract number, and item number.

a. If requested, samples that are not destroyed during reasonable examination will be returned at Prospective Contractor's expense.

b. After reasonable examination, all demonstrators will be returned at Prospective Contractor’s expense.

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2. Tests may be performed on samples or demonstrators submitted with the bid or on samples taken from the regular shipment.

a. If products tested fail to meet or exceed all Requirements and Specifications, the cost of the sample used and the reasonable cost of the testing must be borne by the Prospective Contractor.

C. Unless otherwise specified in the Solicitation, a catalog brand name or manufacturer reference used in the Solicitation is descriptive only, not restrictive, and used to indicate the type and quality desired.

1. Bids on brands of like nature and quality will be considered.

a. The State shall have the right to determine whether a substitute offered is equivalent to and meets the standards of the item specified, and the State may require the Prospective Contractor to supply additional descriptive material.

b. Prospective Contractors not bidding an alternate to the referenced brand name or manufacturer shall furnish the product according to brand names, numbers, etc., as specified in the Solicitation.

3.4. DELIVERY: FOB DESTINATION

Department of Agriculture 1 Natural Resources Dr Little Rock, AR 72205

A. The Contractor shall take all reasonable measures to ensure that commodities purchased must be delivered within ninety (90) 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.

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.

3.5. INSPECTION AND ACCEPTANCE

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

1. The State’s right to inspection may be exercised at any reasonable place and time and in any reasonable manner, as determined in the State’s reasonable discretion, prior to acceptance of and payment for any commodities procured under a resulting contract.

2. If the commodities are found to be conforming as the result of inspection, the State will bear the cost of inspection, if any.

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

a. May elect to recover expenses of inspection, if any, from the Contractor and the Contractor shall bear the cost

b. The Contractor shall be responsible for the cost of any retrieval, return, or disposal of the commodities. Payment for commodities does not constitute acceptance of the commodities as conforming to the contract if the State has not had a reasonable opportunity to inspect the commodities or in the event of Contractor’s fraud or concealment of defects.

B. The State has the option to return any product(s) within the thirty (30) day timeframe for any reason.

C. The Contractor shall include a total satisfaction return policy for all products and shall not impose any liability on the State for such returns.

3.6. 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.

3.7. 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.