S000000414 Agriculture Tractor Leases IFB.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: S000000414 Solicitation Issued: March 20, 2025

Description: Agriculture Tractors Lease

Department: Department of Corrections

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Bid Opening Date: April 22, 2025 Bid Opening Time: 3:00 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: 255 245 582 324 Passcode: 6Hk66SN7 Call in (audio only): 501.244.3310 or find a local number Phone conference ID: 426 751 398#

TSS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

TSS OSP Procurement Specialist:

Wendy Hickok Procurement Specialist’s Direct Phone Number:

501-324-9314

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

TSS OSP Website: transform.ar.gov/procurement file://tss-file-p1/INDOSPADMIN$/#_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_MzdhZjAwOTEtMGJlMy00ZTQxLWIzZmMtOWU1NDU4MDM5NzIx%40thread.v2/0?context=%7b%22Tid%22%3a%225ec1d8f0-cb62-4000-b327-8e63b0547048%22%2c%22Oid%22%3a%229366d6e8-d352-4f8a-878a-9c24d9253d67%22%7d https://dialin.teams.microsoft.com/6b6513dc-a034-48d2-8d06-7e711c4ecc0b?id=719036839 https://www.transform.ar.gov/procurement/

SECTION 1 – INFORMATION AND INSTRUCTIONS

1.1 INTRODUCTION

This Invitation for Bid (IFB) is issued by the TSS Office of State Procurement (TSS OSP) for the Department of Corrections (“DOC” or “Department”) to obtain pricing and a contract for the lease of two

(2) Agriculture Tractors.

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

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 July 1, 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 two (2) years. At the end of the initial lease term, the Department of Corrections may choose from the following:

1. Purchase the farm equipment at the end of the lease for a negotiated price

2. Return all equipment under lease

3. Renew the lease for an additional twenty-four (24) months, with the following conditions:

a. Agency will return the equipment initially provided under the lease

b. The successful Lessor will furnish new/used equipment for the same make and latest model or otherwise meet or exceed the specifications contained in the successful Lessor’s original bid

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. “Lease Hours” means the number of hours that are paid for in advance as part of the lease payment for the recorded use of a piece of equipment.

D. “Overage Hours” means any hours used beyond the pre-paid Lease Hours.

E. “Prospective Contractor” means a responsive and responsible bidder who submits a bid that meets the Requirements and criteria set forth in this Solicitation.

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

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

H. “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.

I. “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 Unit Price (per 24-month lease term) 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 March 28, 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 7, 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 https://arbuy.arkansas.gov/

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.

• 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 shall not be subject to escalation.

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

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

d. Copy of Prospective Contractor’s Equal Opportunity Policy

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

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

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

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

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

c. Copy of Prospective Contractor’s specification and/or cut sheets, for each tractor in bid submission

d. Copy of Prospective Contractor’s lease terms and conditions, which must be in compliance with Arkansas State Law.

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.

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

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.

SECTION 2 – SPECIFICATIONS AND REQUIREMENTS

2.1 SPECIFICATIONS FOR 100 HP AGRICULTURE TRACTOR

A. The Agriculture Tractor may be new or used.

B. The Agriculture Tractor must include, at a minimum, the following standard components:

SPECIFICATION MINIMUM REQUIREMENTS

GENERAL MECHANICAL FRONT WHEEL DRIVE 4X4, HIGH CLEARANCE WITH CAB

STEERING HYDRAULIC STEERING, TILT/TELESCOPING STEERING WHEEL

ENGINE DIESEL, HORSEPOWER RATING 100 HP MINIMUM

PTO OPERATION INDEPENDENT 540/1000

TRANSMISSION POWER SHIFT, IVT, 12 MINIMUM FORWARD GEAR SELECTIONS, 2 MINIMUM

REVERSE GEAR SELECTION

CAB

ROLLOVER PROTECTION, AIR CONDITIONER, INTERIOR REAR VIEW

MIRROR, COMFORT SEAT W/SWIVEL, TINTED GLASS, FRONT WIPER,

SWING-OUT REAR WINDOW, WIRED FOR AND INCLUDING MOUNTING

BRACKET FOR GPS 12-VOLT CONVENIENCE OUTLETS, AM/FM RADIO,

INSTRUCTIONAL SEAT, AND MONITOR MOUNT

BRAKES WET DISC, SELF-ADJUSTING

HYDRAULICS 3 REMOTE AND 3 FUNCTION MID-MOUNT VALVE AND JOYSTICK

INSTRUMENTATION

ENGINE OIL PRESSURE GAUGE, COOLANT TEMPERATURE GAUGE OR

LIGHT INDICATOR, FUEL GAUGE, ENGINE HOUR INDICATOR, GROUND

SPEED INDICATOR, PTO SPEED, SYSTEM VOLTAGE

ELECTRICAL 12-VOLT ELECTRICAL SYSTEM, 120 AMP MINIMUM ALTERNATOR RATING

HITCH AND DRAWBAR CATEGORY III SWINGING HITCH, LIFT CAPACITY 5,100 POUNDS MINIMUM

LIGHTS ENHANCED LIGHT PACKAGE AS RECOMMENDED BY MANUFACTURER

AXLE/WHEELS/TIRES

MINIMUM 3.1” DIAMETER/REAR SINGLE SIZE 460/85R38 WITH REAR

FENDERS/FRONT SINGLE SIZE 380/85R28 MINIMUM TIRE SIZE/FRONT AND

REAR MATCH TIRE SIZE PER FACTORY SPECIFICATIONS TO SET UP ON 30”

ROWS/1 UNIT WITH 320/90R50 REAR 320/85R34 OR EQUIVALENT

BALLAST PER MANUFACTURER SPECIFICATION TO PERFORM HEAVY TILLAGE

OPERATIONS AND HEAVY LIFT IMPLEMENTS

FUEL TANK MINIMUM CAPACITY OF 52 GALLONS

LEASE HOURS 900 HOURS PER YEAR

C. The 100 HP Agriculture Tractor must include, at a minimum, the following additional components and capabilities:

1. Slow Moving Vehicle (SMV) emblem

2. Performance monitor back up alarm

3. Remote performance monitoring capabilities

2.2 SPECIFICATIONS FOR 130 HP AGRICULTURE TRACTOR

A. The Agriculture Tractor may be new or used.

B. The Agriculture Tractor must include, at a minimum:

SPECIFICATION MINIMUM REQUIREMENTS

GENERAL 130 HP MINIMUM, 4X4 QUAD TRACK WITH CAB, MECHANICAL FRONT WHEEL

DRIVE AND FRONT END LOADER

STEERING ARTICULATED HYDRAULIC STEERING, TILT/TELESCOPING STEERING

WHEEL

ENGINE DIESEL, HORSEPOWER RATING 130 HP MINIMUM

TRANSMISSION POWER SHIFT, 18 MAXIMIMUM FORWARD GEARS, 6 MINIMUM FORWARD

GEARS

CAB

ROLLOVER PROTECTION SYSTEM 2, BOTH WITH CABS, AIR CONDITIONER,

JOYSTICK CONTROL FOR LOADER 2 FUNCTION STICK WITH QUICK

CONNECT FOR LOADER, STANDARD BUCKET AND HD BALE SPEAR

BRAKES WET DISC, SELF-ADJUSTING

HYDRAULICS 2 REMOTE AND 2 FUNCTION MID-MOUNT VALVE AND JOYSTICK

INSTRUMENTATION

ENGINE OIL PRESSURE GAUGE OR LIGHT, COOLANT TEMPERATURE

GAUGE OR LIGHT INDICATOR, FUEL GAUGE, ENGINE HOUR INDICATOR,

GROUND SPEED INDICATOR, PTO SPEED, SYSTEM VOLTAGE

ELECTRICAL 12-VOLT ELECTRICAL SYSTEM, 40 AMP MINIMUM ALTERNATOR RATING

LIGHTS ENHANCED LIGHT PACKAGE AS RECOMMENDED BY MANUFACTURER

AXLE/WHEELS/TIRES BOTH WITH NARROW HIGH CLEARANCE TIRES 30”

BALLAST PER MANUFACTURER SPECIFICATION TO PERFORM LIFT DUTIES WITH THE

FRONT-END LOADER AND REAR WHEEL WEIGHTS

FUEL TANK MINIMUM CAPACITY OF 18 GALLONS

LEASE HOURS 750 HOURS PER YEAR

C. The 130 HP Agriculture Tractor must include, at a minimum, the following additional components and capabilities:

1. SMV emblem

2. Back up alarm

2.3 ADDITIONAL REQUIREMENTS FOR USED EQUIPMENT

A. All of the following requirements must be met for used equipment:

1. Model year less than two (2) years old

2. Identified as used on the Official Bid Price Sheet

3. Meet all of the minimum specifications of the same item number of a new unit

4. Have fewer usage hours, when delivered, than the total lease hour allowable for that same equipment

5. Number of usage hours must be listed on the Official Bid Price Sheet

6. Lease contract hours for used equipment, for a given item number, will be the same as lease allowable hours for new equipment; however, contract use hours will begin at the usage hours total on used equipment when it is delivered as shown in the example below:

EXAMPLE:

600 = used equipment hours at delivery, the starting point +700 = lease allowable hours

1,300 = used equipment allowable end reading, end of lease contract hours and beginning of overage hours

2.4 OVERAGE HOURS

A. Overage hours must be made available for purchase, as needed.

B. Overage hours must be priced per hour on the Official Bid Price Sheet.

1. Overage hour pricing shall not be a determining factor in the award of the contract

2.5 SET UP AND TRAINING

A. The Contractor shall provide:

1. In person training of DOC personnel with regard to operation and maintenance on all equipment

a. Training date, time, and location will be at the discretion of the DOC

b. Training must include all equipment and must be held at one location for all designated DOC personnel.

2. Operator’s manual, printed in English, for each piece of equipment

3. All equipment must be set up and end-user ready upon delivery.

2.6 WARRANTY

A. All equipment (new and used) must have the identical new equipment warranty for each entire

2-year lease term.

B. Contractor shall respond to all service calls and requests within six (6) business hours of notification from DOC. Business hours are 7 am – 7 pm, CT, Monday through Friday.

C. All equipment (new and used) must have full powertrain warranty for the entire period of the lease.

D. If equipment becomes unusable, due to breakdown and/or maintenance/warranty work, for a period of more than forty-eight (48) hours or more from the time the lessor is contacted, a replacement piece of equipment shall be provided by the lessor and must meet the following requirements, at no cost to the State:

1. Replacement equipment must have equal or greater specifications than unusable equipment being repaired and/or maintained

2. All equipment (replacement equipment and equipment being repaired and/or maintained) must be delivered and picked up

3. Replacement equipment must be available during the entire duration of the repair/maintenance

4. Lessor shall be responsible for repairing the equipment in place or moving the equipment to and from the lessor’s repair facility

5. DOC shall not be responsible for any hauling charges associated with warranty work or service calls.

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 office 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.

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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

Arkansas Department of Corrections Cummins Farm Operation 2540 State Hwy 388 Gould, AR 71643-9634

A. The Contractor shall take all reasonable measures to ensure that commodities purchased should be delivered within thirty (30) days of the Department’s issuance of the relevant purchase, but must be delivered within forty-five (45) days, unless otherwise agreed upon in writing.

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

2. 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.

3. 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.

B. The Contractor shall give notice of at least twenty-four (24) business hours to DOC prior to delivery of the delivery or the delivery may be refused.

C. All deliveries must be made during normal State work hours.

D. Delivered equipment must be the correct, specified equipment for the term of the lease.

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

F. The Contractor shall give notice of any anticipated delays or plant shutdowns that will affect the delivery requirement.

G. 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.

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

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

3.5. INSPECTION AND ACCEPTANCE

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

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

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

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

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

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

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

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

3.6. MINORITY AND WOMEN-OWNED BUSINESS

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

• African American

• American Indian

• Asian American

• Hispanic American

• Pacific Islander American

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

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

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

3.7. PROPRIETARY INFORMATION

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

Code Annotated § 25-19-101 et. seq.).

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

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

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

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

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

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

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

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

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