S000000461 IFB Tandem Axle Day Cab Trucks~1.pdf

Rev 08/2025

STATE OF ARKANSAS

DEPARTMENT OF SHARED ADMINISTRATIVE SERVICES

OFFICE OF STATE PROCUREMENT

501 Woodlane St., Ste. 220

Little Rock, Arkansas 72201-1023

INVITATION FOR BID

SOLICITATION DOCUMENT

SOLICITATION INFORMATION

Solicitation Number: S000000461 Solicitation Issued: September 11, 2025

Description: Tandem Axle Day Cab Trucks

Department: Department of Agriculture

BID DUE DATE AND DELIVERY OF BIDS

Bid Response Due Date: October 10, 2025 Time: 10:00 a.m., Central Time

Bid responses for this Invitation for Bid must be submitted through ARBuy, the State’s eProcurement system, by the Bid Response Due Date and Time. Bids received after the Bid Response Due Date and Time will be rejected as untimely. ARBuy can be accessed at arbuy.arkansas.gov.

LIVE BID OPENING INFORMATION

Teams Meeting Link: Join the meeting now

Meeting ID: 289 970 502 204 8

Passcode: ah6JM7iU

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

Phone conference ID: 990 885 206#

SAS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

SAS OSP Procurement Specialist:

Joshua Williams Procurement Specialist’s Direct Phone Number:

501-371-5701

Email Address: Joshua.williams@arkansas.gov SAS OSP’s Main Number: 501-324-9316

SAS OSP Website: sas.arkansas.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_MDRmMmRkYzQtOGJmNy00MzRmLWEyY2YtNGMxYjgyZDY5MGUx%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 mailto:Joshua.williams@arkansas.gov

SECTION 1 – INFORMATION AND INSTRUCTIONS

1.1 INTRODUCTION

This Invitation for Bid (IFB) is issued by the SAS Office of State Procurement (SAS OSP) for the Department of Agriculture (“ADA” or “Department”) to obtain pricing and a contract(s) for Tandem Axle Day Cab Trucks.

Direct all correspondence regarding this Solicitation to SAS OSP and not to the ADA.

1.2 OBJECTIVE AND GOALS

The Department seeks to purchase three (3) Day Cab Tandem Wheeled Truck Chassis and three (3) Day Cab Tandem Wheeled Truck Chassis with fifth wheel hitch. These trucks will be used to transport forestry crawler dozers on and off-road for wildland fire suppression.

1.3 TYPE OF CONTRACT

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

Selection).

B. The anticipated starting date for any resulting contract is November 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.

1.4 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.

1.5 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 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.

1.6 CLARIFICATION OF SOLICITATION

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

Time on or before September 18, 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 September 25, 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 SAS 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 SAS OSP Procurement Specialist with non-substantive questions at any time prior to the bid opening.

D. An oral statement by SAS 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 SAS OSP.

1.7 RESPONSE DOCUMENTS

A. All bids must be submitted through ARBuy, the State’s eProcurement system. The system can be accessed at arbuy.arkansas.gov.

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

B. Bid Response Packet

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

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

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

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

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

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

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

https://arbuy.arkansas.gov/

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

iii. If pricing documents do not allow for accurate pricing, Prospective Contractor should notify the SAS 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 § 19-60-104, 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. All documentation of truck warranty information

c. Copy of Arkansas Dealers License

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

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

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

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

F. Prospective Contractors may submit multiple bids.

https://sas.arkansas.gov/procurement/forms-and-reporting/#:~:text=Standard%20Commodities%20Contract%20Template https://sas.arkansas.gov/procurement/forms-and-reporting/#:~:text=Standard%20Commodities%20Contract%20Template

SECTION 2 – SPECIFICATIONS AND REQUIREMENTS

2.1 PROSPECTIVE CONTRACTOR MINIMUM QUALIFICATIONS

A. Prospective Contractors shall be licensed by the Arkansas Motor Vehicle Commission as required by

Arkansas Code § 23-112-301 and § 23-112-312.

B. Prospective Contractors should submit a copy of their Arkansas Dealers License with their Bid Response Packet but must submit a current copy of their Arkansas Dealers License issued by the Arkansas Motor Vehicle Commission prior to contract award.

2.2 CONTRACTOR REQUIREMENTS

A. The Contractor shall provide three (3) Tandem Axle Day Cab Truck Chassis and three (3) Tandem

Axle Day Cab Truck Chassis with a Fifth Wheel Hitch.

B. The Contractor shall provide a complete set of Tandem Axle Day Cab manuals (or digital files) and guidelines to include:

1. Operator’s manual (Hard copy)

2. Technical manual (Digital)

3. Service and lubrication guidelines (Digital)

4. List of all replaceable filters used on the vehicles (Digital)

5. A copy of the warranties (Digital)

C. The Contractor shall provide a minimum of four (4) hours of training.

1. Training must cover operation, maintenance, and safety of the trucks.

2.3 TANDEM AXLE DAY CAB TRUCK SPECIFICATIONS

A. At minimum, the Contractor shall provide the Tandem Axle Day Cab Truck Chassis with the following components.

1. TRUCK

a. 54,00-pound (lb.) gross vehicle weight (GVW)

2. ENGINE

a. Inline 6-cylinder

b. Diesel

c. 450 Horsepower (HP) or greater

d. Compression Brake

e. 1550 lb.-ft torque or greater

f. 12 liter engine displacement or greater (no exceptions)

3. ELECTRONIC PARAMETERS

a. Must sustain a speed of between 70 and 75 Miles Per Hour (MPH) at governed Revolutions Per Minute (RPM)

4. ENGINE EQUIPMENT

a. Alternator: 12-volt (V), 200 amp minimum

b. Automatic fan drive

c. 115V engine block heater, plug-in receptacle mounted under cab, left hand (LH) door

d. Automatic engine de-rate system with light and buzzer

e. Battery box with cover, frame mounted

f. Three (3) 12V maintenance-free batteries (1950 cold cranking amps (CCA) minimum)

g. Jump post located on the outside of the battery box.

h. Air compressor, minimum of 13 cubic feet per minute (CFM)

i. Heavy duty (HD) cooling capacity

j. HD air filter with restriction gauge

k. Battery disconnect switch

5. TRANSMISSION (MANUAL)

a. 10-speed HD manual with oil cooler

b. HD driveshafts and U-joints

c. HD clutch with clutch brake

6. FRONT AXLE & EQUIPMENT

a. HD 14,000 lb. front axle

b. 14,000 lb. flat leaf front suspension, greaseable shackles

c. Dual power steering gears

d. Oil-lubricated wheel bearings

7. REAR AXLE & EQUIPMENT

a. 40,000 lb. tandem rear axles with HD housing

b. Driver-controlled axle interlock and locking traction differential

c. Rear axle ratio must provide excellent low-end power in hilly terrain and at approximately 75 MPH highway speed

d. HD shock absorbers

8. BRAKES

a. Parking brake on front and rear axles

b. Front and rear: air drum or disc

9. REAR SUSPENSION

a. 40,000 lb. HD air ride suspension

b. Axle spacing: 51”–56”

c. Manual dash-mounted dump valve with gauge and audible warning

10. BRAKE SYSTEM

a. Dual air brake system

b. Air dryer with spin-on filter

c. Moisture drain valve with pull cable

d. Parking brake on front and rear axles

e. Front and rear: air drum or disc

11. WHEELBASE & FRAME

a. 138-145” from back of cab to Center of rear Tandems (C.T.)

b. Minimum of 84” from C.T. to end of frame

c. Frame rails: heat-treated steel alloy (120,000 PSI)

d. C-channel frame insert heat treated steel alloy (120,000 PSI) running full frame length of frame

e. Square end frame

12. CHASSIS EQUIPMENT

a. Steel front bumper

b. Frame-mounted front tow hooks

c. Center-mounted license plate bracket (on bumper)

d. Diesel Exhaust Fluid (DEF) tank (driver’s side)

e. Fuel/water separator with sight glass or indicator light

f. Single exhaust system with muffler and vertical exhaust with heat shield

g. Full-length cab access steps (driver & passenger side)

h. Minimum 100 gallon fuel tank

13. TIRES

a. Front: 295/75R 22.5 14 PLY radial (HWY tread)

b. Rear: 295/75R 22.5 14 PLY radial (Traction tread)

14. WHEELS

a. Front wheels: 22.5 x 9.00, 10-stud 9.00 aluminum rims

b. Rear wheels: 22.5 x 8.25, 10-stud 8.25 aluminum rims

c. Spare tire: 22.5 x 9.00, traction tread on steel rim

15. CAB EXTERIOR

a. Air cab mounts

b. Non-automotive conventional day cab

c. Non-removable bug screen behind grill

d. Heated, power-adjustable mirrors with convex mirror, both sides

e. Exterior grab handles mounted behind driver and passenger doors

f. Dual air horns, cab-roof mounted

g. Tinted glass windows

h. Tilting front end

i. Paint: white, base coat/clear coat

j. Standard lighting package

16. CAB INTERIOR

a. Fleet trim interior, including power windows and power door locks

b. Driver air suspension seat w/armrests; passenger original equipment manufacturer (OEM) seat

c. Record/logbook storage

d. Left and right hand door map pockets

e. Forward roof mounted console with radio power & antenna pre-wired to accommodate a mobile radio

f. Heater/defroster and air conditioner (AC)

g. Two (2) 12V dash outlets (20-amp), cigarette lighter type

h. One (1) 110V 400W AC outlet in dash with on/off switch

i. Adjustable telescoping tilt steering column

17. INSTRUMENTS & CONTROLS

a. Full gauge cluster (English units) and tachometer

b. Dual rear axle temperature gauges (tandem)

c. Electronic cruise control

d. AM/FM/WB/USB/Bluetooth radio

e. Industry standard diagnostic port

2.4 TANDEM AXLE DAY CAB TRUCK WITH FIFTH WHEEL HITCH SPECIFICATIONS

A. At minimum, the Contractor shall provide the Tandem Axle Day Cab Truck Chassis with a Fifth

Wheel Hitch with the following components.

1. TRUCK

a. 54,00 lb. gross vehicle weight (GVW)

b. 80,000 lb. gross combined vehicle weight

2. ENGINE

a. Inline 6-cylinder

b. Diesel

c. 450 Horsepower (HP) or greater

d. Compression Brake

e. 1550 lb-ft torque or greater

f. 12 liter engine displacement or greater (no exceptions)

3. ELECTRONIC PARAMETERS

a. Must sustain a speed of between 70 and 75 MPH at governed RPM

4. ENGINE EQUIPMENT

a. Alternator: 12V, 200 amp minimum

b. Automatic fan drive

c. 115V engine block heater (cab plug-in, LH door)

d. Automatic engine de-rate system (light and buzzer)

e. Battery box with cover, frame mounted

f. Three (3) 12V maintenance-free batteries (1950 CCA minimum)

g. External jump post

h. 13 CFM air compressor minimum

i. Heavy duty cooling system

j. Heavy duty air filter with restriction gauge

k. Battery disconnect switch

5. TRANSMISSION (MANUAL)

a. 10-speed HD manual with oil cooler

b. HD driveshafts and U-joints

c. HD clutch with clutch brake

6. FRONT AXLE & EQUIPMENT

a. HD 12,000 lb. front axle

b. 12,000 lb. flat leave suspension

c. Greaseable shackles

d. Shock absorbers

e. Front brakes: air drum

f. Dual power steering gears

g. Oil-lubricated wheel bearings

7. REAR AXLE & EQUIPMENT

a. 40,000 lb. tandem rear axles with HD housing

b. Driver-controlled axle interlock and locking traction differential

c. Rear axle ratio must provide excellent low-end power in hilly terrain & ~75 MPH highway speed

d. HD shock absorbers

8. REAR SUSPENSION

a. 40,000 lb. HD air ride suspension

b. Axle spacing: 51”–56”

c. Manual dash-mounted dump valve with gauge and audible warning

9. BRAKE SYSTEM

a. Dual air brake system

b. Fram mounted air dryer with heater and filter

c. Moisture drain valve with pull cable

d. ABS System

e. Parking brake on front and rear axles

f. Front and rear: air drum or disc

10. WHEELBASE & FRAME

a. 165” to 180” from back of cab to center of rear tandems (C.T.)

b. 95” to 100” from back of cab to center of rear axle

c. Frame rails: heat-treated steel alloy (120,000 PSI)

d. C-channel frame insert heat treated steel alloy (120,000 PSI) running full frame length of frame

e. Tapered end frame

11. CHASSIS EQUIPMENT

a. Steel front bumper

b. Frame-mounted front tow hooks

c. Center-mounted license plate bracket (on bumper)

d. Quarter fenders

e. Mud flap brackets spring mounted, with mud flaps on rear

f. Dual fuel tanks with 120 gallon total capacity

g. Aluminum fuel tank, mounted under cab

h. DEF tank, mounted on driver’s side

i. Fuel/water separator with sight glass or indicator light

j. Single exhaust system with muffler and vertical exhaust with heat shield

k. Full-length cab access steps (driver & passenger side)

l. Fifth wheel Hitch

i. Air slide

ii. 24” slide

iii. 7.75” above top of frame

m. Left handed roadside release, located on rear axle center line

n. Air lines and electrical connections for trailers plumbed to rear of cab, with pogo stick

o. Stop/Tail/Turn lights: LED with backup lamps at end of frame

12. TIRES

a. Front: 24.5 14 PLY radial (HWY tread)

b. Rear: 24.5 14 PLY radial (Traction tread)

13. WHEELS

a. Front wheels: 24.5 x 8.25, 10-stud 8.25 aluminum rims

b. Rear wheels: 24.5 x 8.25, 10-stud 8.25 aluminum rims

c. Spare tire: 24.5 x 8.25, traction tread on steel rim

14. CAB EXTERIOR

a. Air cab mounts

b. Non-automotive conventional day cab

c. Non-removable bug screen behind grill

d. Heated, power-adjustable mirrors with convex mirror, both sides

e. Exterior grab handles mounted behind driver and passenger doors

f. Dual air horns (cab-roof mounted)

g. Tinted glass windows

h. Tilting front end

i. Paint: premium single-color (white), base coat/clear coat

j. Standard lighting package

15. CAB INTERIOR

a. Fleet trim interior, including power windows and power door locks

b. Driver air suspension seat w/armrests; passenger OEM seat

c. Record/logbook storage

d. LH/RH door map pockets

e. Forward roof mounted console with radio power & antenna pre-wired to accommodate a mobile radio

f. Heater/defroster and AC

g. Two (2) 12V dash outlets (20-amp)

h. One (1) 110V 400W AC outlet in dash w/switch

i. Adjustable telescoping tilt steering column

16. INSTRUMENTS & CONTROLS

a. Full gauge cluster (English units) and tachometer

b. Dual rear axle temperature gauges (tandem)

c. Electronic cruise control

d. AM/FM/WB/USB/Bluetooth radio

e. Industry standard diagnostic port

2.5 STANDARD VEHICLE REQUIREMENTS

A. Vehicle(s) must be new models and of the manufacturer’s current design and construction.

B. Vehicle(s) must contain all standard features normally included by the manufacturer of the year, make, and model of the vehicle(s) at no extra cost.

1. Features that come standard from the factory must not be deleted or charged as additional options.

2.6 WARRANTY

A. From date of delivery, each truck must come with a comprehensive warranty for a minimum of 12 months.

B. From date of delivery, each truck must come with an extended engine warranty for a minimum of 72-months or 50,000 miles, whichever comes first.

C. From date of delivery, each truck must come with a minimum five (5) year transmission warranty that includes engine electronics and fuel injectors.

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 (19-CAR § 1-401).

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 § 19-61-403 and 19-61-702).

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 § 19-60-105).

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.

J. Pursuant to Arkansas State Procurement Law, the Contractor shall in all other respects comply with the laws, rules, and executive orders of the state that apply to the Contractor’s performance under a resulting contract.

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.

https://sas.arkansas.gov/procurement/forms-and-reporting/#:~:text=Standard%20Commodities%20Contract%20Template

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.

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

Department of Agriculture Forestry Division #20 Industrial Blvd Greenbrier, AR 72058

A. The Contractor shall take all reasonable measures to ensure that commodities purchased must be delivered within 120 days of the Department’s issuance of the relevant purchase order 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. All deliveries must be made during normal State work hours.

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

D. 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.

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

F. 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. 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.