S000000348 IFB- High School Championship Video Production.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: S000000348 Solicitation Issued: August 1, 2024

Description: High School Championship Video Production

Department: Arkansas PBS

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Bid Opening Date: August 22, 2024 Bid Opening Time: 10:00 a.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: 290 211 949 988 Passcode: KpqCzS Call in (audio only): +1 501-244-3310,,27229946# United States, Little Rock Phone conference ID: 272 299 46#

TSS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

TSS OSP Procurement Specialist:

Austin McClane Procurement Specialist’s Direct Phone Number:

501-371-6156

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

TSS OSP Website: transform.ar.gov/procurement file://tss-file-p1/INDOSPADMIN$/#_GENERAL_%20PROCUREMENT_%20TEAM_#/BUYERS/Brandi%20Schroeder/Bid%20Folder%20Documents/#New%20Drafts/IFB/1%20OSP%20Use/arbuy.arkansas.gov/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_YWUxM2Q1MTMtYjRiYi00YmI4LWI4OGYtYjBmZTllZmUxZTZh%40thread.v2/0?context=%7b%22Tid%22%3a%225ec1d8f0-cb62-4000-b327-8e63b0547048%22%2c%22Oid%22%3a%2276b67dc6-870d-48b1-861f-b3cbdd49eeb2%22%7d tel:+15012443310,,27229946 mailto:Austin.McClane@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 Educational Television Commission dba Arkansas PBS (ARPBS) to obtain pricing and a contract for full live event video production services.

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

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 October 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.

1.3 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 All-Inclusive Estimated Grand Total 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.

1.5 CLARIFICATION OF SOLICITATION

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

Time on or before August 8, 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 August 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. Prospective Contractors shall follow the instructions specified in the Official Bid Price Sheet.

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

https://arbuy.arkansas.gov/

iii. 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.

iv. 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.

v. Prices must be firm offers and adjustments may be negotiated at the time of contract renewal/annually/quarterly.

• A request for a price increase must include supporting documentation demonstrating that the increase in contract price is based on an increased cost to the Contractor and that the proposed pricing is still competitive in the marketplace. The State has the right to approve or deny any request for a price adjustment.

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

vii. 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)

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)

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

SECTION 2 – SPECIFICATIONS AND REQUIREMENTS

2.1 BACKGROUND AND CURRENT ENVIRONMENT

ARPBS televises live action, Arkansas high school sports championships for volleyball, football, basketball, softball, and baseball throughout the year. High School Championships take place at various locations across central Arkansas. For the 2024-2025 season, this includes:

• Volleyball High School Championship (Hot Springs, AR)

• Football High School Championship (Little Rock, AR)

• Basketball High School Championship (Hot Springs, AR)

• Baseball High School Championship (Conway, AR)

• Softball High School Championship (Conway, AR)

2.2 OBJECTIVE AND GOALS

A. The Department seeks to obtain full-service capture switched program feeds and clean feeds of all 5 high school championships.

2.3 MINIMUM QUALIFICATIONS

A. The Contractor shall have a minimum of five (5) years of experience in live event coverage of sports events of similar size and scope as those described in this IFB.

B. The Contractor shall have worked on at least ten (10) live event sports coverage for broadcast television within the past three years.

C. The Contractor shall have worked on live sports television or commercial projects with a minimum total production budget of $100,000.

2.4 GENERAL REQUIREMENTS

A. The Contractor shall provide full-service capture switched program feeds and clean feeds for five (5) high school championship events (11 filming days total) annually. Each event, excluding volleyball, will have multiple days of filming.

B. The Contractor shall be required on site for approximately twelve (12) hours on filming days.

C. High School Championship events will take place at various locations in Central Arkansas. ARPBS will provide production and location schedule to the Contractor at the beginning of each Academic Year.

D. For the 2024-2025 Academic Year, the Contractor shall meet the following schedule:

1. Preproduction Begins October 1, 2024

2. Production Begins October 28, 2024

3. Volleyball Championships

November 2, 2024

5 Games Hot Springs, AR Bank OZK Arena

4. Football

Dec. 5, 6, 7, 14, 2024

7 Games Little Rock, AR

War Memorial Stadium

5. Basketball

March 13, 14, 15, 2025

12 Games Hot Springs, AR Bank OZK Arena

6. Baseball Championships

May 22, 23, 24, 2025 6 Games Conway, AR

Estes Stadium

7. Softball Championships

May 22, 23, 24, 2025 6 Games Conway, AR Farris Field

8. Production Closeout June 1, 2025

E. Venues shall be subject to change due to Arkansas Activities Association.

F. If the event is rescheduled, the Contractor will be notified at the earliest ability of the agency and shall be required to work the rescheduled event.

1. Should the Contractor work the originally scheduled event (due to a last-minute postponement notification), the Contractor will be paid for the time worked, including travel time.

G. In the unlikely event that an event is cancelled, the Contractor will be paid the days of filming worked only, including any inclement weather days or partial days worked.

2.5 PRE-PRODUCTION

A. The Contractor shall be available for pre-production meetings beginning October 1st, 2024.

B. The Contractor shall attend weekly meetings during pre-production, unless ARPBS cancels or prior notice is given.

C. At least one member of the Contractor’s staff shall attend pre-production meetings.

D. The meeting schedule will be provided to the Contractor at time of award.

2.6 SET UP AND TEAR DOWN

A. The Contractor shall have all set-up and testing completed by day prior to the event.

B. The Contractor shall be aware of the varying lengths of set-up required for each event via explanations during pre-production meetings.

C. The Contractor shall be present at venue two (2) hours prior to the first game of the day.

D. The Contractor shall breakdown and depart the venue by required time. Time will be provided at least 1 week prior to the event by ARPBS.

2.7 MOBILE PRODUCTION FACILITIES

A. The Contractor shall provide climate controlled mobile production facilities (e.g. enclosed trailer or mobile production truck) large enough to comfortably accommodate ARPBS producers and staff, director, technical director, replay, audio, graphics, clip play, and engineering/technical staff.

B. Accommodations must be enclosed and able to withstand severe, inclement, and winter weather.

2.8 EQUIPMENT

A. The Contractor shall have required equipment to be fully able to perform live sports event filming and coverage for broadcast television series program including any applicable certifications required to operate equipment.

B. The Contractor shall have a full collection of broadcast quality live video event equipment.

C. A list must be provided to ARPBS prior to award with proof the Contractor has used the equipment in prior work in a professional live event setting.

D. The Contractor shall provide the following equipment and equipment must meet the minimum specifications described below:

1. Switcher:

a. Minimum 24 SDI input

b. Multi ME (more than 2)

c. HD 1080p 59.97 i/o capable

d. Ref locked or Frame sync inputs.

2. Graphics

a. Minimum 2 channel Ross Expression 1080p 59.97 capable

b. Version 7 or newer

c. 2 Score Data interfaces to scoreboard systems

3. Replay

a. Minimum 4 channels of record and 2 channels output

b. Audio from mixer for special recording per channel

c. 3 play is preferred

4. Record

a. Capable of recording 12hrs in consecutive days

b. Minimum 1080p 59.97 ProRes 422 HQ

5. Clip Playout

a. 2 channels of clip player

b. Minimum 1080p 59.97 ProRes 422 HQ

c. Capable of playing MXF OP1a 720p files

6. Cameras

a. 5- 1920x1080 broadcast cameras SDI, Fiber, or Triax. (At least one camera must be mobile to capture footage from both sidelines)

b. Cameras with RCP controls preferred.

c. NO HDMI Cameras – please confirm they will not be used

d. 4- POV SDI (Marshall or similar)

7. Lens

a. Long lens minimum of 55x with extenders and up for long shots from baseball and football.

b. Minimum of 20x lens with extenders preferred for all other broadcast camera angles.

8. Light Kits

a. At least 3 high quality variable color temperature LED for announcers for football, baseball, and softball event

9. Audio

a. 24 input XLR

b. Minimum 5 unique IFB Aux mix sends

c. Digital Audio Clip player for intros, bumps, teases, music beds, outros, and breaks

d. Audio loudness metering for broadcast standards

e. 2 Wireless professional handheld microphones capable of covering large arenas, stadiums, and ball fields

f. Quality, in good appearance and sound, professional sports headset/ microphone

g. Sports Announcer audio interface with cough/mic mute button and audio controls

h. 5 crowd or FX shotgun microphones

10. Quality Control and Delivery

a. Video output must meet following requirements

b. Video Format HDSDI 1080p 59.97 with embedded program audio

c. Must have a waveform vector scope for setting up cameras and monitoring output video levels

d. 4 SDI outputs for ARPBS Dejero transmission hookup, Social Media hookups, and ARPBS crew monitoring

e. Provide feeds for official review to DV sports

11. Coms

a. Minimum 2 party line com system

b. Minimum 3 IFB for Talent

c. Coms integration with Unity Intercom systems

12. Production Clock

a. Clock displays that can be made to sync with the station

b. Shows (HH:MM:SS)

13. Weather Gear

a. Field equipment described in a-m of this section must have weather gear to accommodate use during inclement weather

2.9 REQUIRED PERSONNEL

A. The Contractor shall be required to provide a Staffing Plan 30 days prior to the start of each event.

The Staffing Plan must, at minimum, meet all the requirements in this section of the IFB.

B. ARPBS shall have the right to approve or reject proposed staff members prior to the finalization of the plan after Contract Award.

C. The Contractor shall provide a Project Manager whose duties include but are not limited to management of all its team staff, attending all collaboration meetings with AR PBS throughout the project timeframe, as well as handling all food, meals, hotel, mileage, and other travel plans for their staff. The Project Manager is also responsible for all expenses related to staff needs including (but not limited to) equipment, rentals, and purchases needed for all events.

D. The Contractor shall provide an Engineer in Charge whose duties include but are not limited to being the on-site manager for equipment and crew at the games and a point of contact for crews and other engineers. They also interface directly with Arkansas PBS, venue operator or other crew leaders to ensure safe and effective set-up, execution, and breakdown.

E. The Contractor shall provide a Director whose duties include but are not limited to working with ARPBS Producers to oversee the look and sound of the games, from pre-production to post-production. They may also lead teams responsible for audio and graphics.

F. The Contractor shall provide a Technical Director whose duties include but are not limited to operating the video switcher and associated devices and serving as the television crew's chief.

G. The Contractor shall provide a Replay operator whose duties include but are not limited to creating, organizing, recording, editing, and playing back server-based media before, during and after productions in conjunction with the director and content producer’s requests.

H. The Contractor shall provide an Audio Engineer whose duties include but are not limited to operating a soundboard for live or recorded television, set up and testing of microphones, interruptible foldback (IFB) as needed, and other equipment.

I. The Contractor shall provide up to 5 Camera Operators whose duties include but are not limited to filming the action during the games and capturing color during pregame for roll-ins. They also set up, break down camera equipment, and provide lighting as needed. They take instructions from the director.

J. The Contractor shall provide an On-Site Engineer whose duties include but are not limited to keeping scheduled broadcasts running, setting up live broadcasts in the field or studio, maintaining and updating broadcasting hardware and software, and addressing broadcasting problems as they arise.

K. The Contractor shall provide a Graphics Operator whose duties include but are not limited to creating, organizing, and operating the onscreen graphics during the games.

L. The Contractor shall provide a Red Hat whose duties include but are not limited to visibly signaling to officials when action can be resumed following television timeouts.

2.10 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.

TABLE A: PERFORMANCE STANDARDS

Criteria Standard Damages

2.5 Preproduction B. The Contractor shall attend weekly meetings during pre-production, unless ARPBS cancels or prior notice is given.

$100.00

2.6 Set up and

Tear Down

A. The Contractor shall have all set-up and testing completed by day prior to the event.

$500.00

2.6 Set up and

Tear Down

C. The Contractor shall be present at venue two (2) hours prior to the first game of the day.

$500.00

2.6 Set up and

Tear Down

D. The Contractor shall breakdown and depart the venue by required time. Time will be provided at least 1 week prior to the event by

ARPBS.

$500.00

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. TECHNOLOGY ACCESS

A. When procuring a technology product or when soliciting the development of such a product, the State of Arkansas is required to comply with the provisions of Arkansas Code Annotated § 25-26-201 et seq., as amended by Act 308 of 2013, which expresses the policy of the State to provide individuals who are blind or visually impaired with access to information technology purchased in whole or in part with state funds. The Contractor expressly acknowledges and agrees that state funds may not be expended in connection with the purchase of information technology unless that technology meets the statutory Requirements found in 36 C.F.R. § 1194.21, as it existed on January 1, 2019 (software applications and operating ICSs) and 36 C.F.R. § 1194.22, as it existed on January 1, 2019 (web-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 based intranet and internet information and applications), in accordance with the State of Arkansas technology policy standards relating to accessibility by persons with visual impairments.

B. Accordingly, the Contractor expressly represents and warrants to the State of Arkansas through the procurement process by submission of a Voluntary Product Accessibility Template (VPAT) for 36 C.F.R. § 1194.21, as it existed on January 1, 2019 (software applications and operating ICSs) and 36 C.F.R. § 1194.22, that the technology provided to the State for purchase is capable, either by virtue of features included within the technology, or because it is readily adaptable by use with other technology, of:

1. Providing, to the extent required by Arkansas Code Annotated § 25-26-201 et seq., as amended by Act 308 of 2013, equivalent access for effective use by both visual and non-visual means.

2. Presenting information, including prompts used for interactive communications, in formats intended for non-visual use.

3. After being made accessible, integrating into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired.

4. Providing effective, interactive control and use of the technology, including without limitation the operating system, software applications, and format of the data presented is readily achievable by nonvisual means.

5. Being compatible with information technology used by other individuals with whom the blind or visually impaired individuals interact.

6. Integrating into networks used to share communications among employees, program participants, and the public.

7. Providing the capability of equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired.

C. State agencies cannot claim a product as a whole is not reasonably available because no product in the marketplace meets all the standards. Agencies must evaluate products to determine which product best meets the standards. If an agency purchases a product that does not best meet the standards, the agency must provide written documentation supporting the selection of a different product, including any required reasonable accommodations.

D. For purposes of this section, the phrase “equivalent access” means a substantially similar ability to communicate with, or make use of, the technology, either directly, by features incorporated within the technology, or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans with Disabilities Act or similar state and federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands or other means of navigating graphical displays, and customizable display appearance. As provided in Arkansas Code Annotated § 25-26-201 et seq., as amended by Act 308 of 2013, if equivalent access is not reasonably available, then individuals who are blind or visually impaired shall be provided a reasonable accommodation as defined in 42 U.S.C.

§ 12111(9), as it existed on January 1, 2019.

E. If the information manipulated or presented by the product is inherently visual in nature, so that its meaning cannot be conveyed non-visually, these specifications do not prohibit the purchase or use of an information technology product that does not meet these standards.

F. The proposed commodities, services, or both must comply with the State’s shared Technical Architecture Program which is a set of policies and standards that can found here. Only those standards that are fully promulgated or have been approved by the Governor’s Office apply to the solution.

https://www.transform.ar.gov/information-systems/policies-standards/

3.4. MINORITY AND WOMEN-OWNED BUSINESS

A. A minority-owned business is defined by Arkansas Code Annotated § 15-4-303 as a business owned by a lawful permanent resident of this State who is:

• African American

• American Indian

• Asian American

• Hispanic American

• Pacific Islander American

• A Service-Disabled Veteran as designated by the United States Department of Veteran Affairs

B. A women-owned business is defined by Act 1080 of the 91st General Assembly Regular Session 2017 as a business that is at least fifty-one percent (51%) owned by one (1) or more women who are lawful permanent residents of this State.

C. The Arkansas Economic Development Commission conducts a certification process for minority-owned and women-owned businesses. If certified, the Prospective Contractor’s Certification Number should be included on the Bid Signature Page.

3.5. PROPRIETARY INFORMATION

A. The release of public records is governed by the Arkansas Freedom of Information Act (Arkansas

Code Annotated § 25-19-101 et. seq.).

B. Submission documents pertaining to the Solicitation become the property of the State and may be subject to the Arkansas Freedom of Information Act (FOIA).

C. In accordance with FOIA, and to promote maximum competition in the State competitive sealed bidding, the State may maintain the confidentiality of certain types of information described in FOIA.

Such information may include trade secrets and other information exempted from public disclosure pursuant to FOIA.

D. Under no circumstances will pricing information submitted in response to an invitation for sealed bids be designated as confidential after the sealed bids have been opened.

E. Consistent with and to the extent permitted under FOIA, any Prospective Contractor may designate appropriate portions of a bid as confidential by submitting a redacted copy of the bid. By so redacting any information contained in the bid, the Prospective Contractor warrants that, after having received such necessary or proper review by counsel or other knowledgeable advisors, it has formed a good faith opinion that the portions redacted are not considered public records under FOIA.

F. If a Prospective Contractor deems part of the information contained in a response not to be a public record, the Prospective Contractor should submit one (1) complete copy of the submission documents from which any proprietary or confidential information has been redacted in their bid response. Except for the redacted information, the redacted copy must be identical to the original copy, reflecting the same pagination as the original and showing the space from which information was redacted.

G. The Prospective Contractor is responsible for identifying all proprietary information and for ensuring the electronic copy is protected against restoration of redacted data.

H. The redacted copy will be open to public inspection under the FOIA without further notice to the Prospective Contractor. If the State deems redacted information to be subject to a public record request under FOIA, the State will endeavor to notify the Prospective Contractor prior to release of the redacted record.

I. The State has no liability to a Prospective Contractor with respect to the disclosure of Prospective Contractor’s confidential or proprietary information ordered by a court of competent jurisdiction pursuant to FOIA or other applicable law.