S000000421 IFB Producer and Film Production Controller - REVISED~2.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

REVISED INVITATION FOR BID

SOLICITATION DOCUMENT

SOLICITATION INFORMATION

Solicitation Number: S000000421 Solicitation Issued: April 16, 2025

Description: Producer and Film Production Controller

Department: Arkansas PBS

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Bid Opening Date: May 19 14, 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: 292 725 710 841 8

Passcode: kF3Dv68U

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

Phone conference ID: 333 788 063#

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://teams.microsoft.com/l/meetup-join/19%3ameeting_MDViZDE2ZWMtYzU2Ny00MjYzLWI1YTYtYjJjYWM1NzUwNjNi%40thread.v2/0?context=%7b%22Tid%22%3a%225ec1d8f0-cb62-4000-b327-8e63b0547048%22%2c%22Oid%22%3a%2255e922e0-af81-440a-bcc5-85ef0c48b10c%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 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 produce a 13-episode x 22-minute kid’s series.

1.3 BACKGROUND AND CURRENT ENVIRONMENT

ARPBS will produce a 13-episode x 22-minute kid’s series filmed primarily in central Arkansas with four

(4) out of 12 weeks filmed out of state. Preproduction for key roles vary, with 42 days of filming in Arkansas and 16 days of filming in four (4) states outside of Arkansas. Preproduction, production includes:

A. Pre-production for five (5) to 29 days for various applicable crew

B. Production for 42 days in Arkansas and 16 days out of Arkansas in four (4) different regions of the country

C. Three (3) days for pick-up shots (if needed) in Arkansas.

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 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 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 23, 2025.

1. For each question submitted, the 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 30,2025. 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.

https://arbuy.arkansas.gov/

1. Prospective Contractors must be registered in ARBuy to submit bids.

B. Bid Response Packet

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

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

a. Signed Bid Signature Page; signature may be ink or digital.

b. Completed Bid Response Packet, which must be in English.

c. Completed Official Bid Price Sheet attached to Solicitation posting.

i. Pricing must be proposed in U.S. dollars and cents.

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

• 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.

d. Copy of Prospective Contractor’s Equal Opportunity Policy

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

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

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

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

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

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

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/

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

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

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

F. Prospective Contractors may submit multiple bids.

SECTION 2 – SPECIFICATIONS AND REQUIREMENTS

2.1 MINIMUM QUALIFICATIONS

A. The Prospective Contractor shall have a minimum of five (5) years of experience in the role of

Producer/Film Production Controller for feature length films for national broadcast or television series for national television

B. The Prospective Contractor shall have worked on a minimum of two (2) services equivalent to a full-length feature film or a broadcast television series in the role of Producer/Line Producer and Film Production Controller in the past three (3) years.

C. The Prospective Contractor shall have worked a minimum of three (3) paid roles as Producer/Film Production Controller for a scripted film or television series with a minimum total production budget of $2,000,000 in the past five (5) years.

D. The Prospective Contractor shall have proof sample (IMDB or other formal link) of the finished product on those projects from an industry source for a minimum of five (5) previous projects (see Response Packet).

E. The Prospective Contractor shall provide documentation of credentials (see Response Packet) in feature film length productions or broadcast television full series productions.

F. The Prospective Contractor shall have experience hiring and supervising cinematic film crews and production items including, but not limited to:

1. Production sets

2. Wardrobe

3. Camera and supporting camera crew

4. Props and travel accommodations for a scripted feature-length film or television series.

G. The Prospective Contractor shall have experience with professional film software used in a feature film or television series program.

H. The Prospective Contractor shall have experience with 40 plus daily film crew and over 30 actors on set.

I. The Prospective Contractor shall have knowledge of filming feature length productions in compliance with film labor laws and location clearances.

J. The Prospective Contractor shall have experience managing and paying large film crews on a weekly basis with a budget of $2,000,000 or more for a feature-length film or national broadcast television series.

2.2 GENERAL REQUIREMENTS

A. The Contractor shall provide full-service film production services and film controller services for a 61-day film shoot including pre-production activities for applicable crew personnel as described in this

IFB.

B. The Contractor shall be on site at locations determined by ARPBS for approximately twelve (12) hours on filming days.

1. Principal photography will take place at various locations in Central Arkansas for nine (9) weeks and out of the state of Arkansas in four (4) other states for four (4) weeks. ARPBS will provide production and location schedule to the Contractor after pre-production activities are completed.

2. Locations are subject to change based on scripts that are expected to be completed by July 15, 2025.

C. The Contractor shall meet the following schedule, unless otherwise approved by the Department:

1. Preproduction Begins July 1, 2025

2. Production Begins August 11, 2025

3. Production Closeout November 16, 2025

D. If a filming day is rescheduled, the Contractor will be notified at the earliest ability of ARPBS and shall work the rescheduled event.

E. Should the Contractor show up onsite to work the originally scheduled filming date (due to a last-minute postponement notification), the Contractor will be paid for the time worked, including travel time.

F. In the unlikely event that a film date is cancelled, the Contractor will be paid the days of filming worked only, including any inclement weather days or partial days worked.

2.3 PRE-PRODUCTION

A. The Contractor shall attend pre-production meetings as scheduled by ARPBS by at least July 1, 2025.

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

C. At least the Producer, film controller, 1st Assistant Director, locations manager, production design and director of photography of the Contractor’s staff shall attend pre-production meetings.

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

2.4 PRODUCTION

A. The Contractor shall have all crew confirmed a week prior to film dates.

B. The Contractor shall be aware of and shall adhere to the varying lengths of set-up required for each event via explanations during pre-production meetings.

2.5 EQUIPMENT, CREW, CAST, TRAVEL, AND COMMODITIES

A. The Contractor shall have required equipment to be fully capable of Cinematic film photography including any applicable certifications required to operate equipment.

B. The Contractor shall have a full collection of cinematic feature film equipment as described in this section and applicable attachments.

C. A list must be provided to ARPBS by the Prospective Contractor prior to contract award with proof the Prospective Contractor has used the equipment in prior work in a professional feature film or national broadcast television live action role.

D. The Contractor shall provide the following equipment, and the equipment must meet the minimum specifications described below:

1. Cameras: See IFB Equipment List Attachment – Camera Tab

2. Lenses: See IFB Equipment List Attachment – Camera Tab

3. Grip and Lighting: See IFB Equipment List Attachment – Grip & Lighting Tab

4. Audio

a. Sound Devices 833

b. Six (6) Wireless LAV Mics

c. Three (3) Sennheiser Boom Mics (MKH 50, MKH 416, MKH 816) or equivalent

d. Betso WTCS-1 Smart Slate

e. Two (2) Timecode Boxes

f. Three (3) Comteks

5. Production Trucks

a. ART – 16–20-foot box truck with liftgate

b. PROPS – 16-foot box truck with liftgate

c. CAMERA/SOUND - 16-foot box truck with liftgate

d. COSTUMES – 16-foot box truck with liftgate

e. PRODUCTION/LOCATIONS - 16-foot box truck with liftgate

6. Production Trailers

a. Talent/costume trailer

b. Production office staff meeting trailer

7. Steadicam Gear

a. See IFB Equipment List Attachment – Steadicam Tab

b. Construction equipment for sets

8. Wardrobe: Up to three hundred full outfits including tops, bottoms, accessories, shoes, jackets if applicable.

9. Props: Thirteen episodes with ten scenes per episode

10. Production Design

a. Two main set builds in Arkansas PBS studios including a faux museum and one faux exhibit hall/hangout spot

b. Fifty on-location scenes

11. Location Fees: Up to fifty-two location fees days

12. Gasoline: All production trucks, mileage for production design, prop, and wardrobe departments for preproduction and production days

E. The Contractor shall provide the following items that must meet the minimum specifications described below:

1. Catering for Cast + Crew: Based on crew + cast meals ($25/person) for up to 42 days of filming (includes cost of parent meals for minor children on set)

2. Catering for Background Cast: Based on average number of background cast at $10/person

3. Catering for Travel: Based on crew + cast meals ($25/person) for 16 days of filming on set (includes cost of parent meals for minor children on set)

4. Craft Services: Based on crew, cast meals for 62 days on set (including cost of parent meals for minor children on set)

F. The Contractor shall provide the following traveling production crew and the travel accommodations that must include airfare to four (4) states roundtrip (1 state per 7 days); per diem, lodging, group car rentals to get to sets, and gas/mileage as specified below:

1. Location Manager

2. Assistant Locations Manager

3. Principal Cast (with guardian) = 3 child actors plus 3 guardians

4. Main Adult Cast (1) “McNally”

5. Production Manager

6. 1st AD

7. 2nd AD

8. 2nd 2nd AD

9. Director of Photography/A Camera

10. Gaffer

11. Key Grip

12. B Camera

13. AC (A cam)

14. AC (B cam)

15. 2nd AC (A cam)

16. 2nd AC (B cam)

17. DIT

18. Steady Cam Op

19. Production Designer

20. Set Dresser

21. Sound Recordist

22. Boom Operator

23. Make-up/Hair (1 Makeup, 1 Hair)

24. Costume Designer/Wardrobe

25. Prop Master

26. Locations Manager

27. Script Supervisor

G. The four (4) states the Contractor will be traveling to are:

1. Washington (Puget Sound)

2. Louisiana (New Orleans)

3. Arizona (Phoenix)

4. Pennsylvania (Pittsburgh)

2.6 REQUIRED PERSONNEL

A. The Contractor shall provide a Staffing Plan thirty (30) days prior to the start of each event.

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

C. The Contractor shall meet the following staffing requirements: (see Position Descriptions Attachment for the duties and responsibilities each staffing position shall follow).

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

2. The Contractor shall provide a Line Producer with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

3. The Contractor shall provide a Unit Production Manager with a minimum of at least two (2) feature film or national broadcast television experience in the past two (2) years.

4. The Contractor shall provide a Film Production Controller with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

5. The Contractor shall provide a 1st Assistant Director with minimum qualifications of at least two

(2) feature film or national broadcast television experience in the past two (2) years.

6. The Contractor shall provide 2nd Assistant Director with minimum qualifications of at least two

(2) feature film or national broadcast television experience in the past two (2) years.

7. The Contractor shall provide 2nd 2nd Assistant Director with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

8. The Contractor shall provide Production Coordinator with minimum qualifications of at least two

(2) feature film or national broadcast television experience in the past two (2) years.

9. The Contractor shall provide Key Set Production Assistant with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

10. The Contractor shall provide Production Assistants (3 positions) with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

11. The Contractor shall provide a Production Accountant with minimum qualifications of at least two

(2) feature film or national broadcast television experience in the past two (2) years.

12. The Contractor shall provide a Director of Photography/Camera A with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

13. The Contractor shall provide a Gaffer with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

14. The Contractor shall provide a Key Grip with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

15. The Contractor shall provide a B Camera with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

16. The Contractor shall provide an AC (A cam), AC (B cam), 2nd AC (A cam), and 2nd AC (B cam) totaling four (4) people with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years. See attachment for position duties and responsibilities.

17. The Contractor shall provide a DIT (Digital Image Technology) with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

18. The Contractor shall provide a Steady Cam Operator with minimum qualifications of at least two

(2) feature film or national broadcast television experience in the past two (2) years.

19. The Contractor shall provide a Best Boy Grip with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

20. The Contractor shall provide a Dolly Grip with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

21. The Contractor shall provide a Grip/Electric Swing (4 Positions) with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

22. The Contractor shall provide a Production Designer with minimum qualifications of at least two

(2) feature film or national broadcast television experience in the past two (2) years.

23. The Contractor shall provide an Assistant Art Director with minimum qualifications of at least two

(2) feature film or national broadcast television experience in the past two (2) years.

24. The Contractor shall provide a Set Dresser with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

25. The Contractor shall provide an On Set Dresser with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

26. The Contractor shall provide a Food Stylist with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

27. The Contractor shall provide a Sound Recordist with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

28. The Contractor shall provide a Boom Operator with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

29. The Contractor shall provide Make-up artists (2 Positions) with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

30. The Contractor shall provide Hair stylists (2 Positions) with minimum qualifications of at least two

(2) feature film or national broadcast television experience in the past two (2) years.

31. The Contractor shall provide a Costume Designer/Wardrobe with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

32. The Contractor shall provide a Key Costumer with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

33. The Contractor shall provide a Wardrobe Supervisor with minimum qualifications of at least two

(2) feature film or national broadcast television experience in the past two (2) years.

34. The Contractor shall provide a Prop Master & Prop Assistant with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

35. The Contractor shall provide a Set Medic with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

36. The Contractor shall provide a Locations Manager & Assistant Locations Manager with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

37. The Contractor shall provide a Script Supervisor with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

38. The Contractor shall provide a Promotional Still Photographer with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

39. The Contractor shall provide a Safety/Stunt Coordinator with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

40. The Contractor shall provide Set Security with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

41. The Contractor shall provide a VFX Supervisor / Green Screen Post with minimum qualifications of at least two (2) feature film or national broadcast television experience in the past two (2) years.

2.7 PERFORMANCE STANDARDS

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

B. The State may be open to negotiations of Performance Standards prior to contract award, prior to the commencement of services, or at times throughout the contract duration. Table 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 The Contractor shall attend

weekly meetings during pre-production, unless ARPBS cancels, or prior notice is given.

$100.00

2.6 Production The Contractor shall have all set-

up and testing completed by day prior to the event.

$500.00

2.6 Production Closeout The Contractor shall be present at

call time listed for each day of filming.

$25.00 per person

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).

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

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

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

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

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

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

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

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

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

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

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

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

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

3.3. MINORITY AND WOMEN-OWNED BUSINESS

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

• African American

• American Indian

• Asian American

• Hispanic American

• Pacific Islander American

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

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.

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

3.4. PROPRIETARY INFORMATION

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

Code Annotated § 25-19-101 et. seq.).

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

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

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

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

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

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

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

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

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