S000000412 State Highway Maps Final~1.pdf

Rev 12/2024

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: S000000412 Solicitation Issued: April 1, 2025

Description: State Highway Maps

Department: ARDOT

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Bid Opening Date: May 1, 2025 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: 277 366 967 975 Passcode: UW6Sv3bc Call in (audio only): 501.244.3310 or find a local number Phone conference ID:

TSS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

TSS OSP Procurement Specialist:

Trevor Whittaker Procurement Specialist’s Direct Phone Number:

501-376-6156

Email Address: Trevor.whittaker@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_NDM1MjQ3NWQtYmJlZS00ZDAwLThmZjUtNTQ2Njk5ZmRhMDNi%40thread.v2/0?context=%7b%22Tid%22%3a%225ec1d8f0-cb62-4000-b327-8e63b0547048%22%2c%22Oid%22%3a%22b5dad117-17a9-45b8-9e56-3efb80357dde%22%7d https://dialin.teams.microsoft.com/6b6513dc-a034-48d2-8d06-7e711c4ecc0b?id=719036839 https://www.transform.ar.gov/procurement/

SECTION 1 – INFORMATION AND INSTRUCTIONS

1.1 INTRODUCTION

This Invitation for Bid (IFB) is issued by the TSS Office of State Procurement (TSS OSP) for the Arkansas Department of Transportation (ARDOT) to obtain pricing and a contract(s) for printing Arkansas’s State Highway Maps (hereinafter referred to as “Maps”) in the quantities estimated herein.

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

1.2 TYPE OF CONTRACT

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

B. The anticipated starting date for any resulting contract is May 2025, 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. The State Procurement Official has made every effort to use industry-accepted terminology in this

Bid Solicitation and will attempt to further clarify any point of an item in question as indicated in Clarification of Bid Solicitation.

B. Unless otherwise defined herein, all terms defined in Arkansas Procurement Law and have the same definitions herein as specified therein.

C. “Accordion Style Fold” means a fold technique using a series of alternating folds, whereas each subsequent fold is made in the opposite direction of the fold preceding it to minimize bulk and fold compactly.

D. “Author’s Alteration” means a mark-up correction made by ARDOT to a Map Proof that is the result of an error in the high-definition, portable document format (PDF) file images ARDOT provides to the Contractor, or a change ARDOT wishes to make to the Arkansas State Highway Map after the Contractor has printed the Map Proof. Author’s Alterations do not include any Printer’s Errors.

E. “Bid Submission Requirement” means a task a Prospective Contractor must complete when submitting a bid response. These requirements will be distinguished by using the term “shall” or “must” in the requirement.

F. “Bleed” means a printed image extending beyond the trim edge of the sheet or page.

G. “Broken Serifs” means the broken short lines stemming from and at an angle to the upper and lower ends of the strokes of a letter.

H. “Contractor” means a person who sells or contracts to sell commodities and/or services.

I. “Fluctuating Alignment” means changing frequently and uncertainly the proper positioning or state of adjustment of parts or print in relation to each other.

J. “Four-color Process” means a technique of printing that uses black, magenta, cyan, and yellow to simulate full-color images.

K. “Ghosting” means an unwanted faint image of a design in solid printing areas that is not intended to receive that portion of the image.

L. “Hairlines” means unwanted tiny or fine lines that appear in the final printed product.

M. “Hickey” means an unwanted spot or imperfection caused by debris on the printing plate, blanket, gravure cylinder, or other image-carrying surface.

N. “Hot Spot” means unwanted weak ink coverage or visible dot gain caused by an air bubble or debris on the printing plate.

O. “Hollow Type” means the misdistribution of ink that appears as partially printed letters in type.

P. “Inside Delivery” means delivery of an order to a specified location that may or may not have an accessible loading dock, breaking open the pallet, and hand delivering individual boxes to a specified room(s) or area(s).

Q. The terms “Invitation for Bid,” “IFB,” “Bid Solicitation,” and “Solicitation” are used synonymously in this document.

R. “Map Proof” means a high-definition, digitally-printed, prestige quality sample of the Arkansas State Highway Map supplied to ARDOT by the Contractor that represents a near-exact model of how the finished Arkansas State Highway Map will appear in all aspects possible, except that it is printed digitally rather than on the printing press.

S. “Overrun” means additional printed Maps over the quantity ordered.

T. “Printer’s Error” means a mark-up correction made by ARDOT to a Map Proof that is a result of any error in design, printing, quality, or fold made by the Contractor as determined by ARDOT. Printer’s Errors do not include Author’s Alterations.

U. “Prospective Contractor” means a person who submits a bid in response to this solicitation.

V. “Registration” means the intended alignment and placement of all aspects and elements of the Arkansas State Highway Map.

W. “Requirement” means a specification that a Contractor’s product and/or service must perform during the term of the contract. These specifications will be distinguished by using the term “shall” or “must” in the requirement.

X. “Responsive bid” means a bid submitted in response to this solicitation that conforms in all material respects to this IFB.

Y. “Roller Marks” means the unwanted transfer of ink from equipment to a printed sheet or page.

Z. “Set-off Smudges” means the unwanted transfer of ink from one printed sheet or page to another before the ink has set.

AA. “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 State agency using such a contract.

BB. “Working Day” means a day occurring Monday through Friday excluding State Holidays. A current listing of State holidays may be found on the Arkansas Secretary of State’s website at https://www.sos.arkansas.gov/news/state-holiday-calendar/.

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 Estimated Total Cost 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.

https://www.sos.arkansas.gov/news/state-holiday-calendar/

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 April 07, 2025.

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 April 14, 2025. 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.

https://arbuy.arkansas.gov/

ii. Quantities stated are estimates only and are not guaranteed. Prospective Contractor must bid unit price on the estimated quantity and unit of measure specified.

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

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

iv. Prices must be firm offers and adjustments may be negotiated at the time of contract renewal.

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.

a. 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.

b. Proposed Subcontractors Form (see Standard Commodities Contract, section 14)

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

a. EO 98-04 Contract & Grant Disclosure Form (see 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.

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

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

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

8. Prospective Contractors may submit multiple bids.

https://transform.ar.gov/procurement/forms-and-reporting/#:%7E:text=Services%20Contract%20(SRV-1)%20Fillable%20Form:%7E:text=ORIGINAL%20CONTRACT%20DOCUMENTS https://www.section508.gov/sell/vpat/

SECTION 2 – SPECIFICATIONS AND REQUIREMENTS

2.1 HISTORY AND CURRENT DISTRIBUTION

Since 1961, Maps have been distributed free of charge to motorists throughout Arkansas. Paper Maps are printed each year and feature the latest updates to the State’s road network to help ensure safe and efficient driving through Arkansas.

Maps are available for distribution through the ARDOT central office, at ten (10) ARDOT district offices, and at Arkansas welcome centers. It is of utmost importance to ARDOT that the Maps be of excellent quality.

The scope of this IFB includes:

• Providing Map Proofs

• Printing paper Maps

• Folding and packaging Maps

• Shipping and delivering Maps

ARDOT anticipates placing an initial order of 299,800 folded Maps and two hundred (200) unfolded Maps from the Contractor for an estimated 300,000 Maps ordered annually. Should ARDOT need additional Maps after placing the initial order, ARDOT will place orders in increments of 50,000 folded Maps at a time. Images of the front and back sides of the current Arkansas State Highway Map are included on Attachment A: Current Map Images.

The State strictly provides estimates as a courtesy to Prospective Contractors. Prospective Contractors shall not interpret any estimate provided in this IFB or on the Official Bid Price Sheet to be a guarantee of actual contract volume existing during the aggregate term of a resulting contract.

2.2 PROSPECTIVE CONTRACTOR QUALIFICATIONS

A. The Prospective Contractor shall have an open and operational commercial printing facility.

B. The Prospective Contractor shall have provided commercial, offset printed road maps to at least three (3) clients or in the past five (5) years using a Four-color Process.

C. The Prospective Contractor shall have provided final, Accordion Style Folding of the printed road maps.

2.3 GENERAL REQUIREMENTS

A. The Contractor shall print Maps in accordance with applicable State and Federal laws and industry standards.

B. The Contractor shall print Maps using a high-definition, commercial offset printing press. The Contractor may use a direct-to-plate process or a traditional film to image to plate process.

C. The Contractor shall provide precise Registration, consistent ink coverage and density, and accurate folding and packaging of all Maps.

D. The Contractor shall print the front and back side of the Maps with a one-eighth inch (1/8”) Bleed on each side using the most recent Map images provided by ARDOT.

E. The Contractor shall make all file conversions, film separations, file finalization, and printing plate transfers necessary to print the Maps according to the Requirements of this IFB.

F. The Contractors shall create all printing plates and supply all ink products and other tools necessary to print the Maps according to the Requirements of this IFB.

G. The Contractor shall provide Inside Delivery of all Map orders as specified by ARDOT.

2.4 SAMPLE MAP REQUIREMENTS

A. The State shall have the right to request a finished sample from the lowest-bidding Prospective

Contractor prior to full production or delivery (or contract award). The requested sample must meet the following requirements:

1. A two-sided, Four-color Process, offset printed road map.

2. Folded with an Accordion Style Fold with at least three (3) vertical folds and two (2) horizontal folds.

3. Free of jagged or torn edges.

4. Meet or exceed the specifications provided in the Quality and Fold Requirements subsection of this IFB.

B. Failure to provide a sample that meets these requirements may result in termination of the agreement or revision requests at the Contractor’s expense. The sample must be provided within fourteen (14) days of request, and approval shall be at the sole discretion of the State."

C. Should the examination performed by ARDOT reveal the road map sample submitted by the lowest-bidding Prospective Contractor does not adhere to the Requirements of this subsection, the Prospective Contractor’s bid may be rejected.

D. Should the lowest-bidding Prospective Contractor’s bid be rejected, ARDOT will examine the road map samples submitted by second lowest-bidding Prospective Contractor for compliance with the Requirements of this subsection. ARDOT will continue this process until a responsive Prospective Contractor has been determined.

2.5 PAPER STOCK AND INK BRAND REQUIREMENTS

A. The Contractor shall utilize 60# virgin, opaque, uncoated, premium, text weight, white paper stock with a smooth finish, 94 brightness, and 92 opacity to print the Maps. Examples of acceptable paper stock brands include but are not limited to Accent Opaque by I.P., Cougar Opaque by Domtar, Lynx Opaque by Domtar, Finch Opaque by Domtar, Starbrite Opaque by Veritiv.

B. The Contractor shall utilize soybean oil ink using a Four-color Process to print both sides of the Map.

C. The Contractor shall receive written approval from ARDOT regarding paper stock and soybean oil ink brands for the Maps prior to printing the Maps.

D. The Contractor shall not make any paper stock or ink product brand substitutions without prior written approval from ARDOT.

2.6 QUALITY AND FOLD REQUIREMENTS

A. The Contractor shall provide printing and folding quality of all Maps that meets or exceeds industry standards and the Requirements of this IFB.

B. Finished Maps must be free of press and production defects including but not limited to:

1. Roller Marks.

2. Hickeys.

3. Hot Spots.

4. Set-off Smudges.

5. Hairlines.

6. Ghosting.

7. Broken Serifs.

8. Fluctuating Alignment.

9. Hollow Type.

10. Varying Density.

11. Ink drops and other spots or imperfections.

C. Finished Maps must be accurately and evenly trimmed and free of jagged or torn edges.

D. Finished unfolded Maps must be approximately thirty-two inches (32”) wide by approximately twenty-two inches (22”) in height.

E. For folded Maps, the Contractor shall make Accordion Style Folds using a commercial folding machine with tight folding tolerances.

F. Finished folded Maps must be perfectly creased and easily re-foldable.

G. For folded Maps, the Contractor shall make Accordion Style Folds using a commercial folding machine with tight folding tolerances that meet the following specifications:

1. Vertical Folds: Seven (7) vertical folds, creating eight (8) four-inch (4”) panels across the 32-inch width.

2. Parallel Folds: Two (2) parallel folds, creating a total of sixteen (16) seven and 5/16 inches (7 5/16”) panels along the 22-inch height.

3. Final Dimensions: When fully folded, the maps must measure approximately four inches (4”) wide by seven and 5/16 inches (7 5/16”) in height

2.7 UNDERRUNS AND OVERRUNS

A. The Contractor shall not print less than the specified quantity for each order placed by ARDOT.

Underruns are not allowable.

B. ARDOT will allow for an up to two percent (2%) Overrun per order. The Contractor shall not invoice ARDOT for more than a two percent (2%) Overrun without written approval from ARDOT.

2.8 MAP PROOFS AND APPROVAL PROCESS

A. The Contractor shall provide Map Proofs as requested by ARDOT.

B. ARDOT will submit two (2) high-definition PDF files to the Contractor via email, one (1) file for the image to be printed on the front side of the Map and one (1) file for the image to be printed on the backside of the Map.

C. Should a file provided by ARDOT not be usable to produce printed Maps as specified in this IFB, the Contractor shall notify ARDOT in writing within two (2) Working Days of receiving the submitted files.

D. ARDOT anticipates submitting the files to the Contractor in or around August of each year.

E. Within seven (7) Working Days of the Contractor’s receipt of the images, the Contractor shall print, package, and deliver four (4) Map Proofs to ARDOT.

F. Two (2) of the four (4) Map Proofs must be folded according to the Requirements of this IFB, and the other two (2) Map Proofs must be unfolded. ARDOT will provide shipping information after award.

G. ARDOT will review and make note of any needed Author’s Alterations (notated with an “AA”) and/or Printer’s Errors (notated with a “PE”) in the margin of the Map Proof(s) alongside each correction.

H. ARDOT will ship two (2) Map Proofs back to the Contractor and will keep two (2) Map Proofs for archival purposes.

I. Should ARDOT require revisions, the Contractor shall make revisions as indicated by the AA and PE notations on the returned Map Proofs.

J. Within seven (7) Working Days of the Contractor’s receipt of the returned Map Proofs, the Contractor shall print, package, and delivery four (4) revised Map Proofs to ARDOT.

K. The Contractor shall repeat the process as outlined in IFB Item 2.9.F. until the Map Proofs meet the approval of ARDOT. ARDOT anticipates no more than two (2) rounds of proofing.

L. Within twenty (20) Working Days of receiving the final approval of the Map Proofs from ARDOT, the Contractor shall print, package, and deliver the full Map order per the Requirements of this IFB and as specified by ARDOT.

2.9 PACKAGING

A. The Contractor shall pack folded Maps in at least 175-pound capacity corrugated boxes.

B. Boxes must be approximately fifteen and one-half inches (15 ½”) by nine inches (9”) by fourteen and one-half inches (14 ½”) in size.

C. The Contractor shall pack sixteen (16) wrapped packages of folded Maps, four hundred (400) total folded Maps, facing the same direction, in each box.

D. All folded Maps must be wrapped facing the same direction in quantities of twenty-five (25) folded Maps to each package.

E. The Contractor shall package unfolded Maps in corrugated boxes sized and weighted appropriately for the shipping of two hundred (200) unfolded finished Maps.

F. All unfolded Maps must be shrink-wrapped to prevent soiling or damage in shipping, handling, and delivery.

G. Shrink-wrap packaging must be clear.

H. Each box must be sealed with string-reinforced tape that will not break open in normal handling.

I. The Contractor shall secure each box for shipping and take all reasonable precautions to prevent damage to the Maps during shipping.

J. ARDOT will notify the Contractor via email regarding receipt of any damaged Maps.

K. The Contractor shall credit the State’s account for each Map damaged during shipment.

L. The Contractor shall apply the credit to the first invoice generated after receipt of damaged Map notification.

M. The Contractor shall affix a shipping label to each box that clearly indicates the following information:

1. The current year and “Arkansas State Highway Map.”

2. The total number of Maps contained within the box.

3. The month and year of Map printing.

N. The Contractor shall utilize standard pallet sizes as specified below and shall load pallets with an equal number of layers and boxes per layer (see subsection Delivery: FOB Destination for location numbers) with a maximum pallet height of sixty inches (60”):

O. Pallets for deliveries to Location 1 must be standard pallet size.

P. Pallet sizes for deliveries to Location 2 must be standard pallet sizes.

Q. The Contractor shall utilize pallets constructed of solid wood whenever possible.

R. The Contractor shall triple stack pallets that must not exceed two-thousand (2000) pounds, regardless of height.

S. The Contractor shall affix a label to each pallet that indicates the pallet number of the delivery (i.e.

Pallet 1 of 16, Pallet 2 of 16, etc.).

T. Deliveries of Map orders not meeting the Requirements as stated herein may be rejected at the loading dock upon attempted delivery.

U. Should a Map order be rejected upon delivery at the loading dock, the Contractor shall reschedule the delivery to meet the Requirements as stated herein for a time and date approved by ARDOT at no additional cost to the State, and damages will be assessed. (See Performance Standards.)

2.10 PROPERTY RIGHTS

A. Upon expiration or termination of the resulting contract, the Contractor shall transfer property rights of all deliverables (intellectual and tangible) to ARDOT and shall not hold ownership or an intellectual property claim to any deliverable associated with the ARDOT account including but not limited to the following:

1. Artwork.

2. Graphics.

3. Patents.

4. Trademarks.

5. Logos.

B. The Contractor shall maintain all data and deliverables associated with the ARDOT account and shall transfer all data and deliverables associated with the ARDOT account to ARDOT within sixty

(60) calendar days of the expiration or termination date of the resulting contract and all data and deliverables shall become the exclusive property of ARDOT.

C. The Contractor shall not utilize any portion of the data or deliverables for any other purpose outside of the performance of the resulting contract.

2.11 SAMPLE MAP REQUIREMENTS

A. The State shall have the right to request a finished sample from the lowest-bidding Prospective

Contractor prior to full production or delivery (or contract award). The requested sample must meet the following requirements:

1. A two-sided, Four-color Process, offset printed road map.

2. Folded with an Accordion Style Fold with at least three (3) vertical folds and two (2) horizontal folds.

3. Free of jagged or torn edges.

4. Meet or exceed the specifications provided in the Quality and Fold Requirements subsection of this IFB.

B. Failure to provide a sample that meets these requirements may result in termination of the agreement or revision requests at the Contractor’s expense. The sample must be provided within fourteen (14) days of request, and approval shall be at the sole discretion of the State."

C. Should the examination performed by ARDOT reveal the road map sample submitted by the lowest-bidding Prospective Contractor does not adhere to the Requirements of this subsection, the Prospective Contractor’s bid may be rejected.

D. Should the lowest-bidding Prospective Contractor’s bid be rejected, ARDOT will examine the road map samples submitted by second lowest-bidding Prospective Contractor for compliance with the Requirements of this subsection. ARDOT will continue this process until a responsive Prospective Contractor has been determined

2.12 PERFORMANCE STANDARDS

A. State law requires that all contracts for services include Performance Standards for measuring the overall quality of services provided that a Contractor must meet in order to avoid assessment of damages.

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. The State has the right to modify, add, or delete Performance Standards throughout the term of the contract, should the State determine it is in its best interest to do so. Any changes or additions to performance standards will be made in good faith following acceptable industry standards and may include the input of the Contractor to establish standards that are reasonably achievable.

D. All changes made to the Performance Standards will become an official part of the contract.

E. Performance Standards will continue throughout the aggregate term of the contract.

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

G. 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.

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

TABLE A: PERFORMANCE STANDARDS

Criteria Performance Standard

Damages

Quality

Precise Registration, consistent ink coverage and density, and accurate folding and packaging are maintained as stated in the IFB.

20% credit on the first invoice generated after the Contractor receives notification from the State for each instance whereby the Contractor fails to provide Maps with precise Registration, consistent ink coverage and density, and accurate folding and packaging throughout an order received by ARDOT.

Timeliness Map orders are delivered to Locations 1-3 on or before the specified delivery date(s) provided to the Contractor by ARDOT.

1% credit on total invoice amount for each Working Day past the specified delivery date whereby Maps are not received by

ARDOT.

Delivery Deliveries to are made using Inside Delivery as stated in the IFB.

20% credit on the first invoice generated after the Contractor receives notification from the State for each instance whereby the Contractor fails to provide Inside Delivery as specified in the

IFB.

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. All payments to the Contractor under a resulting contract shall be made exclusively through ACH (Automated Clearing House) direct deposit.

1. The Contractor shall provide the necessary banking information, including account number, routing number, and any other details required to facilitate ACH direct deposits.

2. The Contractor shall be responsible for ensuring that the provided banking information is accurate and up to date. Any delays or errors in payment caused by incorrect or outdated information provided by the Contractor shall not be the responsibility of the Department.

3. The Department will process payments according to the agreed payment schedule, and all payments made via ACH direct deposit shall be considered as duly received upon successful transmission to the Contractor’s designated bank account.

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 https://www.ark.org/vendor/index.html?_ga=2.231672543.1782009942.1693919943-292160598.1646079585 employ or contract with illegal immigrants during the aggregate term of any contract with the State or any of its departments, institutions, or political subdivisions (Arkansas Code Annotated § 19-11-105).

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

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

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

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

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

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

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

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

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

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

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

3.3. GUARANTEES, SAMPLES, AND BRAND NAME REFERENCES

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

Department under a resulting contract shall be merchantable.

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

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

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

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

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

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

https://transform.ar.gov/procurement/forms-and-reporting/#:%7E:text=Services%20Contract%20(SRV-1)%20Fillable%20Form:%7E:text=ORIGINAL%20CONTRACT%20DOCUMENTS

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

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

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

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

3.4. DELIVERY: FOB DESTINATION

A. Inside Delivery of all orders must be made to the two (2) separate locations specified below, and within the specified number of days following ARDOT’s issuance of a purchase order, unless otherwise approved by ARDOT.

Location 1 Arkansas Department of Transportation 10324 Interstate 30, Mail Room Little Rock, AR 72209

1. Deliveries must be made Monday through Friday from 9:00 a.m. through 3:00 p.m., Central Time, upon prior arrangement with the Creative Services Manager.

2. This location has a loading dock at forty-three inches (43”)

3. The Contractor shall call the Creative Services Manager at 501-569-2239 prior to delivery.

4. The Contractor shall supply and utilize a pallet jack to offload delivery.

Location 2 Arkansas Parks & Tourism Warehouse 2312 Cantrell Road Little Rock, AR 72202

1. Deliveries must be made Monday through Friday from 8:30 a.m. through 3:00 p.m., Central Time, upon prior arrangement with the Warehouse Manager.

2. The Contractor shall call the Warehouse Manager at 501-324-9172 at least twenty-four (24) hours prior to delivery.

3. The Contractor shall supply and utilize a pallet jack to offload delivery.

A. The Contractor shall give the Department immediate notice of any anticipated delays or plant shutdowns that will affect the delivery requirement. The Contractor will not be liable for delays in performance or for non-performance due to unforeseen circumstances or causes beyond the Contractor’s reasonable control.

B. If a delivery date specified in this IFB cannot be met, the Prospective Contractor must state the alternate number of days required to place the commodities in the ordering Department’s designated location.

C. Failure to state the alternate delivery time obligates the Contractor to complete delivery by the Department’s requested date. Extended delivery dates may be considered when in the best interest of the State.

D. The Contractor shall pay all transportation and handling charges, unless otherwise agreed upon in writing by the Contractor and Department.

E. The Contractor shall bear responsibility for loss or damage that occurs during shipping, prior to the order being received by the Department.

1. Risk of loss of the order will pass to the Department upon Contractor’s delivery of the order conforming to the resulting pursuant to a purchase order.

2. All orders should be properly packaged to prevent damage during shipping.

F. The State assumes no liability for commodities produced, processed, or shipped in excess of the amount specified on the Department’s purchase order.

G. Unless otherwise agreed upon in writing by the Contractor and Department, payment will be made within thirty (30) days of the date of the Contractor’s delivery of product(s) conforming to the resulting contract and receipt of the Contractor’s invoice, whichever is later.

3.5. INSPECTION AND ACCEPTANCE

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

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

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

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

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

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

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

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

3.6. MINORITY AND WOMEN-OWNED BUSINESS

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

i. African American

ii. American Indian

iii. Asian American

iv. Hispanic American

v. Pacific Islander American

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

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

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

3.7. PROPRIETARY INFORMATION

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

Code Annotated § 25-19-101 et. seq.).

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

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

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

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

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

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

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

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

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