S000000420 IFB Casting Director and Acting Services.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: S000000420 Solicitation Issued: April 3, 2025

Description: Casting Director and Acting Services

Department: Arkansas PBS

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:

Meeting ID:

Passcode:

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:

Joshua Williams Procurement Specialist’s Direct Phone Number:

501-371-5701

Email Address: Joshua.Williams@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://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 Educational Television Commission dba Arkansas PBS (ARPBS or “Department”) to obtain pricing and a contract for services.

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

1.2 OBJECTIVE AND GOALS

The Department seeks to obtain full-service casting director to research, audition and hire main actors, supporting actors and background extras to accommodate one (1) week of rehearsals, 13 weeks of filming and four (4) days of Automated Dialogue Replacement (ADR) during postproduction phase.

1.3 BACKGROUND AND CURRENT ENVIRONMENT

ARPBS will produce a 13 episode, 22-minutes each, kid’s series filmed primarily in central Arkansas with four (4) out of 13 weeks filmed out of state. Preproduction for key roles, 45 days of filming in Arkansas and 16 days of filming out of state. Project will include main actors, supporting actors and background actors.

1.4 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 June 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 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.

1.5 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.

1.6 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 Grand Total 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.

1.7 CLARIFICATION OF SOLICITATION

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

Time on or before April 9, 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 17, 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.

1.8 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. Documentation of credentials and experience in casting and writing actor’s contracts (listed on Response Packet).

d. 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 adjustments may be negotiated quarterly, from start of contract.

• 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.

e. 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.

f. 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.

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

A. The Prospective Contractor shall have a minimum of ten (10) years of experience in Casting in feature films, television series, and commercial projects of similar size and scope to those described in this IFB.

B. The Prospective Contractor shall have worked on a minimum of four (4) services, within the past ten

(10) years, on a feature film for theatrical release or a national broadcast television series in the role of Casting director specifically for fictional, scripted, live-action productions.

C. The Prospective Contractor shall have worked on actor contracts in compliance with child labor laws.

D. The Prospective Contractor shall have worked with national casting agents to conduct a national search.

E. The Prospective Contractor shall have proof of casting search in collaboration with regional casting agents in other states for a minimum of three (3) previous projects listed on Bid Response packet.

F. The Prospective Contractor shall have knowledge and experience with negotiating non-union contracts for actors.

G. The Prospective Contractor shall provide documentation of credentials (see Bid Response Packet) and experience in casting and writing actor’s contracts.

H. The Prospective Contractor shall have worked with actors under the age of 18 years old within the past five (5) years.

I. The Prospective Contractor shall have knowledge of hiring extras (15 to 30) and supporting roles for feature films, television series or commercial work within the past ten (10) years.

2.2 GENERAL REQUIREMENTS

A. The Contractor shall provide full-service casting and hiring of actors for a television series which includes casting search, auditions, hiring, paying and coordinating all logistics for actors hired throughout pre-production (35 days/5 days a week) and five (5) rehearsal days; production (61 filming days/13 weeks); post-production (four (4) audio pick up days)

B. Production (Filming) will take place at various locations in Central Arkansas for nine (9) weeks (five

(5) days per week) and four (4) weeks (four (4) days a week) out of state in a selected region in the United States.

C. The Contractor shall meet the following schedule unless otherwise agreed upon by the Department and Contractor.

1. Preproduction Begins June 1, 2025 Review of scripts, casting search, auditions, selection and hiring actors, actor contracts

2. Production Begins July 21, 2025 Nine (9) weeks (Five(5) days a week) in Central Arkansas plus four (4) additional weeks out of the state of Arkansas is selected regions of the United

States

3. Post Production Begins October 30, 2025 Four (4) days of audio pickups from main cast (four actors)

D. Locations for the four (4) weeks of filming outside of Arkansas shall be determined by Arkansas PBS at a later date.

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

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

2.3 PRE-PRODUCTION AND AUDITIONS

A. The Contractor shall be available for pre-production meetings beginning two (2) weeks after award.

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

C. At least one (1) member of the Contractor’s staff shall attend pre-production meetings.

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

D. The Contractor shall have all required actor paperwork completed prior to actor arriving in Arkansas to film. This includes but is not limited to: cast memo deal, completed child labor law certification, background checks for adult main and supporting roles, media release form and non-disclosure agreement.

E. The Contractor shall be aware of the filming schedule via explanations during pre-production meetings.

F. The Contractor shall provide auditions with actors that meet the following qualifications and auditions shall be conducted in three phases as described below:

1. Main Actors - recorded auditions of at least 25 actors per each of the four (4) main characters and eight (8) actors per each of the supporting characters. Actors auditioned must have worked on a minimum of three (3) services on a feature film for theatrical release or a national broadcast television series.

a. Auditions

i. First audition (via video recording)

ii. Call back audition (via video recording)

iii. Chemistry test audition (via live virtual meeting)

iv. Final interview (via live virtual or in-person meeting)

2. Supporting Actors – recorded auditions of at least eight (8) actors per each of the supporting characters. Actors auditioned must have worked on a minimum of one (1) service on a feature film for theatrical release or a national broadcast television series.

a. Auditions

i. First audition (via video recording)

ii. Call back audition (via video recording)

iii. Chemistry test audition (via live virtual meeting)

iv. Final interview (via live virtual or in-person meeting)

G. Pre-production for the following:

1. Casting search for three (3) main child actors and one (1) adult comedic actor for 14 weeks, one

(1) week of rehearsal and 61 filming dates (13 weeks).

2. Casting search for 78 supporting actors (days per actor will vary from one (1) to up to 15 days per character)

3. Auditions in three phases (first auditions, second audition, chemistry test audition and interview)

4. Hiring and Contracts for main actors (four (4) total) for rehearsal and filming dates, and supporting roles for the 45 days in Arkansas film dates

H. Production for the following:

1. Work with production manager to ensure actors arrive on set for applicable filming dates

2. The 61 days of filming will require approximately 20 background/extra actors per day.

3. Invoice ARPBS weekly for actors work from prior week and their weekly rate

2.4 EQUIPMENT AND TECHNOLOGY:

A. Social Media Accounts for casting search

A. Audition review software for client to view auditions

B. Virtual meeting software for live chemistry auditions and interviews during final actor selection process.

2.5 REQUIRED PERSONNEL

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

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

C. ARPBS shall have the right to approve or reject proposed staff members prior to the finalization of the plan after contract award.

D. The Contractor shall provide a Casting Director whose duties include, but are not limited to:

a. Conduct casting calls and auditions for supporting roles and background actors (extras).

b. Draft all deal memos with selected actors in collaboration with ARPBS

c. Document the actor selection process, including selection method process, in compliance with Arkansas procurement laws.

d. Ensure work schedules of all actors comply with Arkansas labor law (schedules include child actors)

e. Work with producers and actors on all aspects of shoot schedules and ensure actors are on set when scheduled.

f. Find replacements and extras needed during the 4-7 weeks of preproduction and throughout the 61 days of production.

g. Pay all actors directly and invoice ARPBS

h. Work with TV Director, Producers and Screenwriter of television series on character details as needed.

i. Document the audition process and method of selecting actors.

E. Actors will be hired based on the selection from the ARPBS creative team

2.6 PERFORMANCE STANDARDS

A. State law requires that contracts for services include Performance Standards for measuring the overall quality of services that a Contractor shall provide.

B. The State may be open to negotiations of Performance Standards prior to contract award, prior to the commencement of services, or at times throughout the contract duration. Table A: Performance Standards identifies expected deliverables, performance measures, or outcomes; and defines the acceptable standards.

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

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

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

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

TABLE A: PERFORMANCE STANDARDS

Criteria Standard Damages

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

B. The Contractor shall provide audition reviews for main cast after two (2) weeks from the start of the contract

C. The Contractor shall provide second auditions for review within a week of AR PBS selections

D. The Contractor shall have all contracts in place for actor prior to rehearsal and filming dates

$100.00 per missed meeting or deadline

2.6 Production A. The Contractor shall be ensuring actors

arrive on film production set on time and stay until filming is complete.

B. Notify ARPBS at least 24 hours in advance if an actor is unable to work on a film date

C. The Contractor shall find adequate number of background actors for each day as provided by ARPBS and provide replacement background actors if selected actors become unavailable

$500.00 per incident

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 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

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.).

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

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.