S000000366 Anti-Terrorism Program Coordinator Final~1.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: S000000366 Solicitation Issued: September 26, 2024

Description: Anti-Terrorism Program Coordinator

Department: Department of the Military – Arkansas National Guard

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Bid Opening Date: October 25, 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: 232 109 542 343

Passcode: KXM89S

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

Phone conference ID: 193 356 131#

TSS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

TSS OSP Procurement Specialist:

Julie Robnolt Procurement Specialist’s Direct Phone Number:

501-371-6070

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

TSS OSP Website: transform.ar.gov/procurement file://///tss-file-p1/INDOSPADMIN$/%23_GENERAL_%20PROCUREMENT_%20TEAM_%23/BUYERS/Brandi%20Schroeder/Bid%20Folder%20Documents/%23New%20Drafts/IFB/1%20OSP%20Use/arbuy.arkansas.gov/ https://teams.microsoft.com/l/meetup-join/19%3ameeting_NWI5ZjhhNTMtNzc2ZC00NjJmLThlYjItOWVlOGI3MTMyZWE1%40thread.v2/0?context=%7b%22Tid%22%3a%225ec1d8f0-cb62-4000-b327-8e63b0547048%22%2c%22Oid%22%3a%22a5e9cf20-c478-4e36-8fed-351f1ae086e2%22%7d https://dialin.teams.microsoft.com/6b6513dc-a034-48d2-8d06-7e711c4ecc0b?id=719036839 mailto:julie.robnolt@arkansas.gov https://www.transform.ar.gov/procurement/

SECTION 1 – INFORMATION AND INSTRUCTIONS

1.1 INTRODUCTION

This Invitation for Bid (IFB) is issued by the TSS Office of State Procurement (TSS OSP) for the Arkansas National Guard ( “Department”) to obtain pricing and a contract for an Anti-Terrorism Program Coordinator.

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

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 November 18, 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 Total Annual Cost of the Official Bid Price Sheet submitted by the Prospective Contractor.

B. If the State so chooses, negotiations may be conducted with the lowest-bidding, responsive and responsible Prospective Contractor if:

1. All bids received from responsive and responsible bidders exceed available funding; or

2. It appears that additional savings to the state may result from negotiation.

C. If negotiations fail to result in a contract, the State may negotiate with the next lowest-bidding, responsive and responsible Prospective Contractor.

1. The negotiation process may be repeated until an acceptable lower bid price is negotiated, or until such time the State determines negotiations are no longer in the best interest of the state.

2. Negotiations are conducted at the sole discretion of the State.

D. Once the anticipated awardee has been determined, the anticipated award will be posted to ARBuy, generally for a period of fourteen (14) days prior to the issuance of a contract. The postings are anticipated awards only, subject to protest.

E. A contract is not effective prior to final award being made by the State; some contracts may be subject to Legislative review prior to final award.

1.5 CLARIFICATION OF SOLICITATION

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

Time on or before October 6, 2024.

1. For each question submitted, Prospective Contractor should reference the specific Solicitation item number to which the question refers, as applicable.

2. Prospective Contractors’ written questions will be consolidated and answered by the State as deemed appropriate. The State’s consolidated written response is anticipated to be posted to the Solicitation posting in ARBuy by the close of business on October 10, 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. Quantities stated are estimates only and are not guaranteed. Prospective Contractor must bid unit price on the estimated quantity and unit of measure specified.

https://arbuy.arkansas.gov/

• The State may order more or less than the estimated quantity on term contracts, and the Contractor shall sell to the Department quantities ordered at no more than the bid price.

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

iv. Prices must be firm offers and 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.

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

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

d. Copy of Prospective Contractor’s Equal Opportunity Policy

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

e. Proposed Subcontractors Form (see SRV-1, section 14)

3. The following items, which must be submitted prior to a contract award to the Prospective Contractor, may also be included with the Prospective Contractor’s bid response:

a. EO 98-04 Contract & Grant Disclosure Form (see SRV-1, section 11)

b. Voluntary Product Accessibility Template (VPAT), if applicable

4. Prospective Contractors should not include any other documents or ancillary information, such as a cover letter or promotional marketing information.

C. Prospective Contractors should not alter any language in Solicitation document(s) or Official Bid Price Sheet provided by the State.

D. Prospective Contractors’ bids cannot be altered or amended after the bid opening except as permitted by law or rule.

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

F. Prospective Contractors may submit multiple bids.

https://www.transform.ar.gov/wp-content/uploads/Services-Contract-SRV-1-Fillable-Form-V.3.6.27.22.pdf https://www.transform.ar.gov/wp-content/uploads/Services-Contract-SRV-1-Fillable-Form-V.3.6.27.22.pdf https://www.section508.gov/sell/vpat/

SECTION 2 – SPECIFICATIONS AND REQUIREMENTS

2.1 BACKGROUND AND CURRENT ENVIRONMENT

The Army National Guard maintains a significant number of facilities throughout the United States, its territories, and the District of Columbia who receive primary guidance for Anti-Terrorism (AT) programmatic and management requirements from the National Guard Bureau (NGB), Army National Guard Directorate, Operations Department, Intelligence and Security Branch (ARO-I). Due to increased NGB ARO-I focus on the area of AT and associated planning, management, analysis, and requirements, the Army National Guard entities require support to develop, implement, manage, monitor, and plan to meet comprehensive AT program management requirements.

2.2 OBJECTIVES & GOALS

To obtain program management and consulting services to Army National Guard organizations. In support of the Army National Guard, the Prospective Contractor shall provide program management and consulting services for AT program requirements, to include without limitation:

• Expert advice

• Programmatic Guidance

• Organizational and business operation planning

• Policy, budget, and financial analysis

• Liaison with NGB ARO-I, Department of Defense (DoD) organizations, and civil agencies

• Develop a variety of studies, reports, plans, and technical analysis in accordance with NGR 5- 1/ANGI 63-101, Chapter 21, September 2005 (See Appendix A), NGR-5-1/ANGI Appendix 10, September 2005 (See Appendix B), and AR 525-13 (See Appendix C).

2.3 PROSPECTIVE CONTRACTOR MINIMUM QUALIFICATIONS

A. The Prospective Contractor shall have a minimum of six (6) years of Anti-Terrorism (AT) management and consulting of a similar size and scope to those described in this IFB.

B. The Prospective Contractor shall have AT experience gained within either the Army National Guard or the DoD and shall have attended DoD-recognized Level II AT and Security Engineering courses.

C. Prior to the award of any resulting contract, the Prospective Contractor shall have a current DoD background investigation and shall be eligible to obtain a SECRET facility clearance.

2.4 GENERAL REQUIREMENTS

A. The Contractor shall provide on-site services to support AT program management requirements as outlined and according to AR 525-13, Antiterrorism Program (See Appendix C).

B. The Contractor shall operate within the limits and guidelines per applicable state and federal rules, regulations, and laws.

C. The Contractor shall directly and consistently liaise with NGB ARO-I to coordinate and develop state/site AT program initiatives, correspondence, plans, and controls in compliance with NGB ARO-I guidance and strategic plans.

D. The Contractor shall support the development of AT plans, guidance, and standards for protecting the state/site personnel, information, critical resources, mission-essential vulnerable areas, and critical infrastructure from acts of terrorism in compliance with NGB ARO-I guidance.

E. The Contractor shall provide AT resource management and shall ensure that AT funding requirements are identified during the Program Objective Memorandum (POM) and prioritized based on the threat vulnerability per NGB-ARO-I guidance.

F. The Contractor shall support the development and implementation of Random Anti-Terrorism Measures Program (RAMP) initiatives and shall prepare/guide the preparation and maintenance of contingency plans for mitigation, alert, response, recovery, and reporting of terrorist events or actions.

G. The Contractor shall continuously evaluate the effectiveness of the program by maintaining a RAMP tracker/spreadsheet and shall assign the RAMP to the units on a monthly basis. If the RAMP becomes ineffective:

1. The Contractor shall coordinate with the effected unit to define alternate RAM.

2. If the Contractor is unable to rectify the effectiveness of the program, then the State Antiterrorism Officer shall be ultimately responsible for rectifying the program.

H. The Contractor shall support AT-related review of installation military construction (MILCON) projects.

I. The Contractor shall work closely with NGB ARO-I to maintain state/site AT program products on the Arkansas National Guard DOMS Force Protection SharePoint.

J. The Contractor shall organize command and staff relationships, support the establishment of a functional AT Committee and Threat Working Group per NGB ARO-I guidance.

K. The Contractor shall support the coordination with local and state authorities to develop, update, and support state/site AT plans and sharing of critical resources.

2.5 TRAINING REQUIREMENTS

A. The Contractor shall support unit AT officers with Level I AT awareness training products and resources.

B. The Contractor shall coordinate the necessary Levels II-IV AT training and shall support the incorporation of AT training into unit training plans and pre-mobilization training.

C. The Contractor shall support the planning and development of annual AT exercises for Army National Guard units per NGB ARO-I guidance.

D. The Contractor shall support the development and exercise of the Army National Guard site attack warning system and shall conduct drills on emergency evacuations.

E. The Contractor shall formally identify potential High-Risk Personnel (HRP) to NGB ARO-1 for approval and if necessary, shall coordinate the receipt of appropriate resources and additional AT training per AR 190-58, Designation and Protection of High-Risk Personnel (See Appendix D).

F. The Contractor shall maintain records for all AT-related training sessions.

2.6 ASSESSMENT AND EVALUATION REQUIREMENTS

A. The Contractor shall coordinate with NGB ARO-I, and Federal, State, and DoD resources, and law enforcement organizations to conduct threat assessments.

B. The Contractor shall ensure that the information is disseminated to the appropriate entities within the NGB ARO-I and the Army National Guard organizations.

C. The Contractor shall assist subordinate programs in conducting threat assessments.

D. The Contractor shall support the conduct of vulnerability assessments and pre-deployment vulnerability assessments for deploying units per NGB ARO-I guidance.

E. The Contractor shall track identified vulnerabilities through resolution.

F. The Contractor shall support the conduct of annual program reviews and evaluation of subordinate programs per NGB ARO-I guidance.

2.7 WORK AND PAYROLL REQUIREMENTS

A. The Contractor shall conform to a forty (40) hour work week. Normal duty hours may vary with Army

National Guard organizations and working hours must be coordinated individually with each entity.

B. The Contractor shall be available to work at JFHQ-AR DOMS located on Camp Joseph T. Robinson, Monday through Friday, 7 AM to 4:30 PM Central Time, excluding State holidays, with the following caveats:

1. Offsite operations may be conducted for specific mission or task with prior approval as directed.

2. There may be requirements for weekends focused on monthly M-day drill dates and/or special events with an AT focus.

C. The Contractor shall provide the DOMS J34 or Contracting Officer Representative (COR) with a copy of all payroll documents for processing and reimbursement within 5 business day after a pay period. This document must include, at a minimum:

1. The daily hours worked

2. Leave taken (holiday, administrative, annual, and/or sick)

3. All other fees, to include, but not limited to, travel, submitted for reimbursement during the pay period

4. Status of project and tasks completed for that period

D. The Contractor shall coordinate with the DOMS J34 or COR to de-conflict scheduled events prior to submitting a leave request.

2.8 TRAVEL REQUIREMENTS

A. Prior to travel, the Contractor shall submit a travel request, with the cost estimate, to the COR who will validate the travel requirement and funding availability. The cost estimates must not exceed Arkansas’s per diem rate.

B. The Contractor shall submit a travel voucher for reimbursement no later than five (5) business days of the execution of the travel using the DOM travel reimbursement process.

C. The Contractor shall provide the DOMS J34 or COR with a copy of all filed travel voucher requests to be processed through Department of Military for final adjudication.

2.9 INVOICING REQUIREMENTS

A. The Contractor shall bill DOM no more than two (2) times per month. Invoices must include, at a minimum, the following information:

1. Contractor name

2. Time period covered by invoice

3. Hours worked

4. Total cost

2.10 REPORTING REQUIREMENTS

A. The Contractor shall document the efforts performed in the completion of each task in a detailed monthly status report. The status report must include, at a minimum, the following:

https://www.sos.arkansas.gov/about-the-office/media-center/news/state-holiday-calendar/

1. Progress for the period

a. Detailed progress report of findings

b. Activities and accomplishments during the reporting period

c. Summary of work accomplished during the reporting period to include completion of tasks

2. Problems encountered

a. Identification of any problems, issues, or delays

b. Recommendations for resolution(s)

c. Corrective action that was taken to correct identified problems

3. Strategy revisions

a. Recommend changes to include any lessons learned.

2.11 GOVERNMENT FURNISHED PROPERTY AND/OR INFORMATION

A. Government furnished property (material, equipment, and/or information) will be provided to the

Contractor under this effort.

B. The Army National Guard will provide on-site government provided office space, appropriate access to office machines, associated office supplies, and local and long-distance hardline phone call capabilities.

C. At the request of the government, or at completion of this effort, the Contractor shall return any government furnished property, including any equipment, software, and other property or information provided by the government for the Contractor to use to complete this effort.

2.12 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.

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

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

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

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

SECTION 3 – SOLICITATION TERMS AND CONDITIONS

3.1. ACCEPTANCE OF REQUIREMENTS

A. A Prospective Contractor’s past performance with the State may be used to determine if the

Prospective Contractor is responsible (OSP Rule R1:19-11-235).

1. Bids submitted by Prospective Contractors determined to be non-responsible will be rejected.

B. A single Prospective Contractor must be identified as the prime contractor.

1. The prime Contractor shall be responsible for the resulting contract and jointly and severally liable with any of its subcontractors, affiliates, or agents to the State for the performance thereof.

C. By submitting a bid, the Prospective Contractor represents and warrants:

1. That the prices in the bid have been arrived at independently, without any collusion with another competing Prospective Contractor.

a. Collusion violates Arkansas Procurement Law and can lead to suspension, debarment, and can be referred to the Attorney General’s officer for investigation and appropriate legal action (Arkansas Code Annotated § 19-11-240 and 19-11-245).

2. That the Prospective Contractor has not retained a person to solicit or secure the resulting contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies maintained by the Prospective Contractor for the purpose of securing business.

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

3.2. GENERAL TERMS AND CONDITIONS

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

B. The Prospective Contractor represents and warrants that, prior to being awarded any executed contract resulting from this solicitation, the Prospective Contractor has taken or shall take all actions necessary to receive payment from the State through Electronic Funds Transfer (EFT) for the services and/or commodities to be provided under any such contract. This includes, without limitation, the following actions:

1. Signing documents authorizing the State to make EFT payments into a bank account designated by the Prospective Contractor.

2. Providing all information requested by the State to set up EFT payments, including either a voided check or a letter from their financial institution that contains the following information:

a. Account holder’s name

b. Account number

c. Routing number

d. Financial institution official’s contact information and signature

3. In the event the EFT information changes, the Contractor shall be responsible for providing the updated information to the State. No interest or late payment penalty will apply if payment is delayed because of the Contractor’s failure to initially provide or update information necessary for the State to make EFT payment.

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

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

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

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

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

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

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

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

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

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

G. This IFB incorporates all terms of the Services Contract (SRV-1) Fillable Form (found here).

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

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

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

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

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

3.3. MINORITY AND WOMEN-OWNED BUSINESS

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

• African American

• American Indian

• Asian American

• Hispanic American

• Pacific Islander American

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

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

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

3.4. PROPRIETARY INFORMATION

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

Code Annotated § 25-19-101 et. seq.).

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

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

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

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

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

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

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

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

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