S000000351 Adult Diploma Program.pdf

Rev 09/2023

STATE OF ARKANSAS

DEPARTMENT OF TRANSFORMATION AND SHARED SERVICES

OFFICE OF STATE PROCUREMENT

501 Woodlane St., Ste. 220

Little Rock, Arkansas 72201-1023

REQUEST FOR QUALIFICATION

SOLICITATION DOCUMENT

SOLICITATION INFORMATION

Solicitation Number: S000000351 Solicitation Issued: August 26, 2024

Description: Adult Diploma Program

Department: Arkansas Department of Education – Division of Career and Technical Education

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Response Opening Date: September 20, 2024 Response Opening Time: 2:00 pm CST

Response for this Request for Qualification must be submitted through ARBuy, the State’s eProcurement system. It can be accessed at arbuy.arkansas.gov. Responses received after the submission deadline may be rejected as untimely.

LIVE RESPONSE OPENING INFORMATION

Teams Meeting Link: Join the meeting now

Meeting ID: 296 878 525 539

Passcode: ax7t4y

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

Phone conference ID: 790 796 061#

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/ https://arbuy.arkansas.gov/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_Mjc0MmM1MzMtMWEyMC00Yzk3LTk3MDQtMmEzZmVjNjJhZWZi%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

The TSS Office of State Procurement (TSS OSP) issues this Request for Qualifications (RFQ) on behalf of the Arkansas Department of Education (“ADE” or “Department”) Division of Career and Technical Education (“DCTE” or “Division”) to add to the previously established Qualified Vendor List (QVL) to provide an Adult Diploma Program.

1.2 OBJECTIVES AND GOALS

The Department seeks to assist individuals who are at least 21 years of age in earning a high school diploma and developing critical employability skills and career and technical skills to prepare for employment.

1.3 BACKGROUND AND CURRENT ENVIRONMENT

Pursuant to Arkansas Code Ann. § 6-44-301 et seq the Arkansas Department of Commerce, Office of Skills Development has appropriated $750,000 in state funding to support a program(s) that assists adults with obtaining a high school diploma and placement in career training programs. The ADE will receive grant applications and oversee the selection process.

This RFQ was originally issued as RFQ S000000275 and opened on October 27, 2023.

1.4 RESULT OF THE RFQ

A. As a result of this RFQ, OSP intends to list multiple Prospective Contractors on the Qualified Vendors

List (QVL).

B. The anticipated starting date for any resulting QVL is November 20, 2023, except that the actual QVL start date may be adjusted forward unilaterally by the State for up to three calendar months. By submitting a signed response to the RFQ, the Prospective Contractor represents and warrants that it will honor its response as being held open as irrevocable for this period.

C. The initial qualification term of a resulting QVL will be for one (1) year. The State may renew a

Prospective Contractor’s qualification status for up to six (6) additional one-year terms or portions thereof, not to exceed a total aggregate QVL term of seven (7) consecutive years.

1.5 SOLICITATION SCHEDULE

For informational purposes, TSS OSP is providing a Solicitation Schedule; however, dates listed and noted with an asterisk (*) are anticipated dates only and are subject to change at the discretion of the State. All times are listed in Central Time.

TABLE A: TENTATIVE SOLICITATION SCHEDULE

ACTIVITY DATE

RFQ Release to Prospective Contractors August 26, 2024

Deadline for Prospective Contractor Questions September 8, 2024, Midnight

Answers to Questions Posted to ARBuy* September 12, 2024

Response Due Date September 20, 2024, 2:00 PM CST

Post Anticipation to Award September 23, 2024

Award Contract* October 21, 2024

1.6 CLARIFICATION OF SOLICITATION

A. Submit questions regarding this Solicitation via the Solicitation posting in ARBuy by the date and time specified in the Solicitation Schedule.

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 date and time specified in the Solicitation Schedule. 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 response that meets the Requirements and criteria set forth in this Solicitation. 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 response.

C. Prospective Contractors may contact the TSS OSP Procurement Specialist with non-substantive questions at any time prior to the response 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 DEFINITION OF TERMS

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

B. “Academic skill intake assessment” means a criterion-referenced assessment of numeracy and literacy skills with high reliability and validity as determined by third-party research that is administered in person or online.

C. “Accredited” means an entity that holds an active accreditation from:

1. One (1) of the following regional accrediting organizations in the United States:

a. Middle States Commission on Higher Education;

b. New England Association of Schools and Colleges;

c. Higher Learning Commission;

d. Northwest Commission on Colleges and Universities;

e. Southern Association of Colleges and Schools Commission on Colleges;

f. Accrediting Commission for Schools, Western Association of Schools and Colleges;

g. Accrediting Commission for Community and Junior Colleges; or

h. Any successor entities or consolidation or merger of any of the regional accreditors in the United States; or

2. Cognia

D. “Adult dropout recovery service” means any type of assistance provided to a student, including without limitation:

1. Sourcing, recruitment, and engagement;

2. Learning plan development;

3. Active teaching; and

4. Proactive coaching and mentoring

E. “Approved program provider” means a public, nonprofit, or other entity that satisfies the requirements of section 3.02 of the rules.

F. “Average cost per graduate” means the total amount of Arkansas Adult Diploma Program funding disbursed to an approved program provider for a cohort through the end of the measurement period divided by the total number of graduates from the cohort during the measurement period.

G. “Career advising services” means services designed to assist a student in obtaining employment, including without limitation resume development and mock interviews.

H. “Career pathways coursework” means one (1) or more courses that help a student enter into or advance within a specific occupation or occupational cluster.

I. “Coaching” means proactive communication between an approved program provider and a student related to the student’s pace and progress throughout his or her learning plan.

J. “Cohort” means the group of students who enter the program between July 1 and June 30 of each program year.

K. “Employability skills certificate” means a certificate earned by a student’s demonstrating professional nontechnical skills through assessment, including without limitation the program standards of the United States Department of Labor’s “Skills to Pay the Bills: Mastering Soft Skills for Workplace Success.”

L. “Graduate” means a student who has successfully completed all of the approved program provider requirements in order to obtain a high school diploma.

M. “Graduation rate” means the total number of graduates from a cohort who graduated during a measurement period divided by the total number of students included in the same cohort.

N. “Graduation requirements” means Arkansas course and credit requirements needed to earn a high school diploma from an approved program provider.

O. "High school diploma” means a diploma issued by an accredited institution.

1. A high school diploma issued under this subchapter is recognized as a secondary school diploma by this state.

P. “Learning plan” means a documented plan for courses or credits needed for each individual in order to complete the program and to fulfill the graduation requirements of an approved program provider.

Q. “Measurement Period” means the two-year period beginning July 1 of the year the cohort begins through June 30 of the subsequent state fiscal year.

R. “Mentoring” means a direct relationship between a coach and a student to facilitate the completion of the student’s learning plan designed to prepare the student to succeed in the program and the student’s future endeavors.

S. “Milestones” means the objective measures of progress for which payment is made to a Contractor under this subchapter including:

1. Earned units of high school credit;

2. Attainment of an employability skills certificate;

3. Attainment of a workforce credential; and

4. Attainment of an accredited high school diploma

T. “Prospective Contractor” means a responsive and responsible vendor who submits a response that meets the Requirements and criteria set forth in this Solicitation.

U. “Request for qualifications” means a request for interested public, nonprofit, or other entities to submit evidence that the entity meets the qualifications in section 3.02 of the rules, and if confirmed by the Department of Education, that the requestor is an approved program provider.

V. The terms “Request for Qualifications,” “RFQ,” and “Solicitation” are used synonymously in this document.

W. “Requirement” means a term, condition, provision, deliverable, Specification, or a combination thereof, that is obligated under the Solicitation, resulting contract, or both.

X. “Shall” and “must” mean the imperative and are used to identify Requirements and Specifications.

Y. “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.

Z. “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.

AA. “Student” means a participant in the program who:

1. Is twenty-one (21) years of age or older;

2. Is a resident of the state of Arkansas; and

3. Has not earned a high school diploma.

BB. “Transcript evaluation” means a documented summary of credits earned in previous public or private accredited high schools compared with the program and approved program provider graduation requirements.

CC. “Unit of high school credit” means credit awarded based on a student’s demonstration that he or she has successfully met the content expectation for the credit area as defined by subject area standards, expectations, or guidelines.

DD. “Workforce credential” means a third-party credential that is:

1. Part of a sequence of credentials that can be accumulated over time to build an individual’s qualifications to advance along a career pathway; or

2. A credential that:

a. Verifies an individual’s qualification or competence; and

b. Is:

i. Issued by a third-party with the relevant authority to issue the credential; or

ii. Aligned with high-wage, high-growth jobs in Arkansas, as defined by the Arkansas Workforce Development Board.

1.8 RESPONSE DOCUMENTS

A. All responses 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 responses.

B. Response Packet

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

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

file:///C:/Users/julie.robnolt/AppData/Local/Microsoft/Windows/INetCache/Content.Outlook/E6G8ZJG1/arbuy.arkansas.gov/

a. Signed Response Signature Page; signature may be ink or digital. (See Response Packet)

b. Response to the Information for Evaluation section. (See Response Packet)

c. Copy of Prospective Contractor’s Equal Opportunity Policy

i. Pursuant to Arkansas Code Annotated § 19-11-104, OSP requires a Prospective Contractor responding to a Solicitation 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.

d. 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 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 shall not include pricing in their responses.

1. Should the Prospective Contractor’s response contain any pricing, the response may be rejected.

D. Redacted Copy of the Response Packet

1. One (1) redacted (marked “Redacted”) copy of the Prospective Contractor’s response (see Proprietary Information).

E. Prospective Contractors should not alter any language in Solicitation document(s) provided by the State.

F. As requested, Prospective Contractors shall provide clarification regarding Prospective Contractor’s response.

1.9 QUALIFICATION AND AWARD PROCESS

A. Qualified Vendors List (QVL)

1. The initial validity term of the QVL will expire on August 15, 2024. The State shall have the option to renew the QVL on a year-to-year basis, for up to six (6) additional one-year terms or portion thereof. The total term of the QVL shall not be more than seven (7) years. The State shall have the right to terminate the QVL prior to exercising any renewal option, if it is in the best interest of the State to do so.

2. After the close of the second fiscal year of the Arkansas Adult Diploma Program and each year thereafter, the Department of Education will review data from each approved Contractor to ensure that each approved Contractor is achieving minimum performance standards under the program, including:

a. The program must have a minimum of fifty percent (50%) graduation rate for each cohort’s measurement period; and

b. The average cost per graduate must be seven thousand dollars ($7,000) or less for each cohort’s measurement period.

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/

3. The department will place an approved Contractor that does not meet the minimum performance standards in sections 3.02 and 5.01 of the rules on probationary status for the remainder of the fiscal year.

4. An approved Contractor placed on probationary status under section 5.02 of the rules shall be required to submit an improvement plan to the department.

5. An approved Contractor that does not meet the minimum performance standards and fails to improve performance under its improvement plan for two (2) consecutive years shall be removed from the approved Qualified Vendors List (QVL).

6. Renewal of Vendor’s Qualification Status

a. Each year prior to the renewal of the QVL for an additional term, the qualification status of a contractor shall be reviewed.

b. Contractors who continue to meet or exceed requirements may be re-qualified for a one (1) year term or portion thereof, until all remaining renewal options for the QVL are utilized or the State exercises it right to terminate the QVL.

c. Contractors, who have been removed from the QVL, shall have the right to submit a new response for consideration.

B. Issuance of a Contract The following items shall apply in the event a contract is issued to a qualified Contractor.

1. Any resultant contract of this Bid Solicitation must be subject to State approval processes which may include Legislative review and approval.

2. ADE will be responsible for award and administration of any resulting contract(s).

3. Issuance of a contract to a qualified Contractor shall not be guaranteed.

SECTION 2 – QUALIFICATIONS AND REQUIREMENTS

2.1 BACKGROUND AND CURRENT ENVIRONMENT

Pursuant to Arkansas Code Ann. § 6-44-301 et seq the Arkansas Department of Commerce, Office of Skills Development has appropriated $750,000 in state funding to support a program(s) that assists adults with obtaining a high school diploma and placement in career training programs. The ADE will receive grant applications and oversee the selection process.

2.2 OBJECTIVES AND GOALS

The Department seeks to assist individuals who are at least 21 years of age in earning a high school diploma and developing critical employability skills and career and technical skills to prepare for employment. The Department will develop and administer the program to provide for a modality that is campus-based, online, or blended.

2.3 MINIMUM CONTRACATOR QUALIFICATIONS

A. The Contractor shall have a minimum of two (2) years of experience providing adult dropout recovery services.

B. The Contractor shall be a regionally accredited high school diploma-granting entity. The Contractor shall provide proof of accreditation upon request by ADE.

C. The Contractor shall provide a course catalog that includes all courses necessary to meet Arkansas graduation requirements.

2.4 GENERAL REQUIREMENTS

A. The Contractor shall have the capacity to effectively administer the Adult Diploma Program and deliver the required services.

B. The Contractor shall provide the following:

1. Academic skill intake assessments and transcript evaluations

2. Develop a learning plan for each student that integrates graduation requirements and career goals

3. Remediation opportunities in literacy and numeracy

4. Career pathways coursework

5. Employability skills certification

6. Preparation for workforce credentials

7. Career advising services

C. ADE will announce the approved Contractor(s) no later than November 1 annually. Upon the announcement of approval, the Contractor may begin enrolling students starting no later than November 15 each year.

D. The Contractor who has operated adult education programs for two (2) years or more shall submit to ADE a roster for the previous two (2) years of enrolled students, as defined in Section 2.20 in the rules.

E. The Contractor who has operated for less than two (2) years shall submit documentation for relevant experience as detailed in Section 3.02.4 in the rules.

2.5 INVOICING REQUIREMENTS

A. The Contractor may receive reimbursement for an enrolled, eligible student who meets the milestones as defined in Section 2.18 of the rules according to the chart listed in Appendix A.

B. The Contractor shall not receive funding for a student under this rule if the Contractor also receives federal, state, or private tuition specifically for the student.

C. Once the Contractor enrolls a student into its program, it shall provide ADE with an anticipated cost of completion of the program for that student.

D. The Contractor shall provide ADE with an updated anticipated cost of completing the program after each year the student completes.

E. ADE will reserve funds for that student while the student is enrolled in a program with the Contractor.

F. The Contractor shall submit request for reimbursement invoices to ADE no later than the tenth (10th) calendar day of each month for milestones met in the previous calendar month under the Arkansas Adult Diploma Program.

G. The Contractor shall include with its reimbursement request a roster of students who received services in the previous calendar month for which reimbursement was requested.

H. ADE will pay the Contractor in the order in which the invoices are submitted until all available funds are exhausted.

I. Once all available funds are exhausted, ADE shall notify all Contractors that funds are exhausted and Contractors shall immediately stop enrolling new students. “Exhausted Funds” shall include funds that have been expended and funds reserved that are necessary for the anticipated cost of completion of the program per student.

J. Once all available funds are exhausted, the Contractor shall not request reimbursement for enrolled students. For the purposes of this rule, “exhausted funds” includes funds that have been expended and funds reserved that are necessary for the anticipated cost of completion of the program per student.

K. ADE will provide a written update to the Contractor by the last calendar day of each month, including without limitation:

1. Aggregate total dollars per student that have been paid to the Contractor.

2. Estimated number of enrollments still available for the program year.

2.6 REPORTING REQUIREMENTS

A. The Contractor shall report the following metrics to ADE and to the Department of Commerce, Office of Skills Development on or before August 15 of the second fiscal year of participation in the Arkansas Adult Diploma Program and each year thereafter:

1. The total number of students for whom the Contractor has received payments.

2. The total number of high school credits earned by the students for whom the Contractor is receiving payments.

3. The total number of employability skills certifications issued to students for whom the Contractor is receiving payments.

4. The total number of workforce credentials earned, and the number and type of credential earned by each student, for each type of funding under Section 4.01 of the rules for whom the Contractor is receiving payments.

5. The total number of students for whom the Contractor is receiving payments under the program who have received high school diplomas.

6. The average cost per graduate for the cohort for which the measurement period ended in the prior fiscal year of the state.

7. An updated average cost per graduate for any previous cohort for which the measurement period has ended but a student from the cohort achieved one (1) of the milestones described in Section

5.01 of the rules.

8. Graduation rates for the cohort for which the measurement period ended in the prior fiscal year of the state.

9. Updated graduation rates from any previous cohort for which the measurement period has ended but a student from the cohort achieved one (1) of the milestones described in Section 5.01 of the rules.

B. On or before August 15 after the conclusion of the first measurement period of the program and each year thereafter in which payments under the program were disbursed for the prior fiscal year of this state, the Contractor that received payments under section 4.00 of the rules for the preceding fiscal year shall report the metrics in this section by cohort to ADE.

2.7 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 B: 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 B: PERFORMANCE STANDARDS

Criteria Standard Damages

Associated Costs per Student Average cost per graduate of $7,000.00 or less for each cohort’s measurement period.

At the end of the second (2nd) fiscal year and thereafter, the Contractor that has not met this standard for two (2) consecutive fiscal years, shall be removed from the approved program provider list.

Outcomes per Cohort Minimum of fifty percent (50%) graduation rate for each cohort’s measurement period.

At the end of the second (2nd) fiscal year and thereafter, the Contractor that has not met this standard for two (2) consecutive fiscal years, shall be removed from the approved program provider list.

SECTION 3 – CRITERIA FOR SELECTION

• Do not provide responses to items in this section.

3.1 RESPONSE PACKET EVALUATION

A. On a pass/fail basis, OSP will review each Response Packet submitted by the response deadline as listed on page one (1) of the RFQ to verify all Requirements have been met.

B. The resulting QVL will be comprised only of those Prospective Contractors meeting the Requirements and providing the Response Submission Requirement documents specified in this RFQ. Prospective Contractors who do not provide any one or more of the Response Submission Requirement Documents, will fail the Response Packet evaluation.

C. Prospective Contractors whose responses meet (pass) all Requirements and Response Submission

Requirements of this RFQ will be included on the initial QVL.

D. Prospective Contractors whose responses do not meet (fail) any of the Requirements and Response Submission Requirements of this RFQ will not be included on the initial QVL.

E. The State Procurement Official reserves the right to reject a response if it does not meet

Requirements, if any of the Response Submission Requirement documents are omitted, or if is in the best interest of the State to do so.

3.2 FUTURE LISTING ON THE QVL

A. Prospective Contractors seeking to be included on the QVL after the initial term may submit responses to this RFQ to OSP beginning August 15 through September 15 annually.

B. OSP will provide the Response Packet to a Prospective Contractor upon request to the Contract Administrator listed on page 1 of this RFQ or another Contract Administrator as may be determined by OSP.

C. After the initial award of the QVL, information pertaining to the submission of a Response Packet can be found on OSP’s website at Miscellaneous Bid Opportunities - Arkansas Department of Transformation and Shared Services under Open-Ended Request for Qualifications.

D. The Prospective Contractor shall complete the Response Packet and shall submit all the information and documents to OSP as specified in the Response Packet in order to be evaluated for possible inclusion on the QVL.

E. OSP will evaluate any subsequent responses submitted by Prospective Contractors using the same

Response Packet Evaluation technique as described herein.

F. OSP reserves the right to reject a Response Packet if it does not meet Requirements, if any of the Response Submission Requirement documents have been omitted, or if it is in the best interest of the State to do so.

3.2 PROSPECTIVE CONTRACTOR ACCEPTANCE OF EVALUATION TECHNIQUE

A. Prospective Contractor shall agree to all evaluation processes and procedures as defined in this solicitation.

B. The submission of a Response Packet signifies the Prospective Contractor’s understanding and agreement that subjective judgments will be made during the Response Packet Evaluation.

https://www.transform.ar.gov/procurement/vendors/miscellaneous-bid-opportunities/ https://www.transform.ar.gov/procurement/vendors/miscellaneous-bid-opportunities/

SECTION 4 – SOLICITATION TERMS AND CONDITIONS

4.1 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. Responses 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. Qualifications, services, and commodities must meet or exceed the required Specifications as set forth in the Solicitation.

4.2 GENERAL TERMS AND CONDITIONS

A. The Contractor must be registered as a vendor to receive payment and may register online by visiting ark.org/vendor/index and clicking the Start Here button.

B. Pursuant to Arkansas State Procurement Law, the Contractor shall certify that, unless they offer to provide the goods or services for at least twenty percent (20%) less than the lowest certifying Prospective Contractor:

1. They are not engaged in and shall not, during the aggregate term of the resulting contract, engage in a boycott of Israel (Arkansas Code Annotated § 25-1-503),

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

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

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

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

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

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

E. This RFQ 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 response may be rejected if a Prospective Contractor takes exception to any terms, conditions, or Requirements in this RFQ.

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

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

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

4.3 MINORITY AND WOMEN-OWNED BUSINESS

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

• African American

• American Indian

• Asian American

• Hispanic American

• Pacific Islander American

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

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

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 Response Signature Page.

4.4 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 response 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 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.