S000000467 Used Tire Program IFB Final~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: S000000467 Solicitation Issued: October 2, 2025

Description: Used Tire Program District 4 of Arkansas

Department: Arkansas Department of Energy and Environment – District 4 Tire Accountability Board

BID DUE DATE AND DELIVERY OF BIDS

Bid Response Due Date: October 23, 2025 Time: 2:00 p.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: 292 293 292 882 1

Passcode: a3bp3nJ9

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

Phone conference ID: 110 466 512#

SAS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

SAS OSP Procurement Specialist:

Julie Robnolt Procurement Specialist’s Direct Phone Number:

501-371-6070

Email Address: julie.robnolt@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_YTM3ZWE4NjktYjA0YS00M2E0LTg2ZDctNzk2OWFlYTEwMTE1%40thread.v2/0?context=%7b%22Tid%22%3a%225ec1d8f0-cb62-4000-b327-8e63b0547048%22%2c%22Oid%22%3a%22a5e9cf20-c478-4e36-8fed-351f1ae086e2%22%7d https://dialin.teams.microsoft.com/6b6513dc-a034-48d2-8d06-7e711c4ecc0b?id=719036839 mailto:julie.robnolt@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 District 4 Waste Tire Accountability Board (“Board”) to obtain pricing and a contract for the collection, transportation, and processing of waste tires.

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

1.2 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 24, 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 SAS OSP for up to six (6) additional one-year terms or portions thereof, not to exceed a total aggregate contract term of seven (7) consecutive years.

1.3 DEFINITION OF TERMS

A. Unless otherwise defined herein, all terms defined in Arkansas Procurement Law have the same meaning herein.

B. “Extra-large tire” means a tire that due to its size or construction is more difficult to process for recycling or disposal than a large tire and costs substantially more to process than a large tire. “Extra-large tire” includes without limitation tires used, capable of being used, or designed to be used on any of the following vehicles or equipment:

1. A skid steer loader

2. Excavation equipment

3. A farm implement, including without limitation, a tractor

4. A backhoe

5. A road grader

6. Industrial equipment

7. A skidder

8. A heavy-duty truck used off-road for mining

“Extra-large tire” includes a tire with a load rating of “G” or higher.

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

D. “Large tire” means a tire with a rim size greater than nineteen inches (19”) and a load rating of “F” or higher including without limitation a wide-base or extra-wide single tire.

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

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

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

H. “Small tire” means a tire that has a load rating of “F” or lower and a rim size of nineteen inches (19”) or smaller and includes low profile tires. “Small tire” includes a tire from any of the following vehicles:

1. An automobile

2. A motorcycle

3. An all-terrain vehicle

4. A lawn mower

5. A golf cart

I. “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.

J. “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.

K. “Used Tire” means a tire that was previously mounted on a vehicle but is still in a condition where it can be safely reused for its original purpose, retaining sufficient tread depth and lacking significant damage or defects.

L. “Waste Tire” means a whole tire that is no longer suitable for its original purpose as a vehicle tire due to wear, damage, defect or other reasons, making it unfit for continued safe use.

1.4 CONTRACTOR SELECTION

A. Award is expected to be made to the responsive and responsible Prospective Contractor determined to have submitted the lowest bid that meets the Requirements and criteria set forth in the IFB, based on the Total Annual 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.

1.5 CLARIFICATION OF SOLICITATION

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

Time on or before October 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 October 13, 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.

1.6 RESPONSE DOCUMENTS

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

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

B. Bid Response Packet

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

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

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

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

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

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

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 SAS OSP Procurement Specialist at least seventy-two (72) hours before the bid opening time.

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

• 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.

https://arbuy.arkansas.gov/

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 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.

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=Services%20Contract%20(SRV%2D1)%20Fillable%20Form https://sas.arkansas.gov/procurement/forms-and-reporting/#:~:text=Services%20Contract%20(SRV%2D1)%20Fillable%20Form https://www.section508.gov/sell/vpat/

SECTION 2 – SPECIFICATIONS AND REQUIREMENTS

2.1 BACKGROUND AND CURRENT ENVIRONMENT

The Board and District 4 Waste Tire Accountability District (“District”) were formed by Act 713 of 2023.

The District was organized pursuant to Ark. Code Ann. § 8-9-410 to efficiently collect, transport, and process waste tires within its geographic boundaries.

The District provides services to the following counties: Arkansas, Ashley, Bradley, Calhoun, Chicot, Cleveland, Dallas, Desha, Drew, Grant, Jefferson, Lincoln, Phillips, and Union.

Currently, there are three waste tire transfer facilities in District 4:

Get Rid of It American Tire & Wheel Exchange Robinson Deane Seed 313 Ready Road 511 South Spruce Street 1401 L and D Lane El Dorado, AR 71730 Pine Bluff, AR 71601 DeWitt, AR 72042

The locations of the waste tire transfer facilities may change from time to time, either by adding new locations or by no longer utilizing current locations.

2025 Projected Waste Tire Collection Data for District 4

Small Tires 224,422

Large Tires 26,974

Extra-Large Tires 1,934

Total Projected Waste Tires 253,330

Disclaimer: This data is provided solely as a guide and is not a guarantee of the total number of tires that will be collected in any given year. The collection volumes are subject to changes based upon various factors. Those submitting a response should use industry projections and other sources when forecasting future used tire volumes.

2.2 OBJECTIVES AND GOALS

The District 4 Waste Tire Accountability Board (“Board”) is seeking a contract and pricing for collection, transportation, and processing of waste tires from transfer facilities to a processing location and for the processing of the waste tires.

2.3 PROSPECTIVE CONTRACTOR MINIMUM QUALIFICATIONS

A. The Prospective Contractor shall have a minimum of five (5) years of experience performing the services described in this IFB.

B. The Prospective Contractor shall have and shall keep current the following licenses and permits to perform the services described in this IFB:

1. Waste tire transporter license

2. Waste tire processing permit

3. Waste tire collection center permit

C. The Prospective Contractor shall not be under any Division of Environmental Quality (DEQ) permit corrective action or remediation plans for nonperformance.

D. The Prospective Contractor shall not be facing any DEQ regulatory infractions.

2.4 GENERAL REQUIREMENTS

A. The Contractor shall collect waste tires generated within the Board’s geographic boundaries.

B. The Contractor shall transport waste tires from the three (3) transfer facilities to a processor who shall have the required permits from the State of Arkansas.

https://www.adeq.state.ar.us/tap/permits.aspx

C. The Contractor shall process the waste tires for recycling, marketing, or proper disposal where recycling and reuse are not feasible.

D. If the Board decides to add waste tire transfer facilities, the Contractor shall transport waste tires from the additional facilities to the processor.

E. The Contractor shall comply with all Federal, State, and local laws, rules, and regulations, including, but not limited to, the Arkansas Used Tire Recycling and Accountability Act, the Arkansas Pollution Control and Ecology Commission Rule Number 36, Act 713, and any other requirements imposed by the Board.

2.5 TRANSPORTATION REQUIREMENTS

A. The Contractor shall accommodate the current Used Tire Program District 4 (UTP4) transportation arrangements for all sizes of tires.

B. The District’s tire transporter will notify the Contractor when the containers at the tire transfer facilities need to be picked up and transported to the processor.

C. The Contractor shall pick up the containers within seventy-two (72) hours of notification from the District.

D. The Contractor shall leave an empty container at the transfer facility when a full container is picked up for transportation to the processor.

E. The Contractor shall provide fifty-three foot (53’) walking floor trailer, or tipping trailer, or other comparable units of the same function and capacity at each of the three (3) tire transfer facilities.

2.6 PROCESSING REQUIREMENTS

A. The Contractor shall provide a physical location for processing the waste tires.

B. The Contractor shall provide all of the equipment necessary for processing the waste tires.

C. The Contractor shall ensure that the waste tires are processed for recycling, reuse, or other proper disposal method.

D. The Contractor shall give the Board and the District immediate notice of any anticipated delays or plant shutdowns that will affect the requirements of this IFB.

2.7 BUSINESS PLAN REQUIREMENTS

A. Pursuant to Ark. Code Ann. § 8-9-408, the Contractor shall assist the Board in preparing a comprehensive business plan which must include the current operating information and proposed operating costs.

B. Funding for any resulting contract is entirely dependent upon the business plan being approved by DEQ, the Pollution Control and Ecology Commission (PC&EC), and the Arkansas Legislative Council

(ALC).

2.8 REPORTING REQUIREMENTS

A. The Contractor shall assist the Board in completing and submitting any and all required reports to

DEQ, or any other regulatory agency having jurisdiction or authority over the Board or the District, by providing any and all information requested by the Board.

B. Pursuant to Ark. Code Ann. § 8-9-409, the Contractor shall assist the Board in preparing quarterly reports for DEQ. The reports must include, but be limited to, the following:

1. The number of recyclable tires

2. The number of waste tires disposed in a landfill

3. The number of waste tires disposed in a monofill

4. The number of reported waste tire sites located in the regional solid waste management districts that are included in the used tire program

5. Electronic uniform used tire manifest system compliance

6. Administrative expenses

7. Transportation expenses

8. Building, warehouse, and other facilities expenses

9. Revenue sources and the amount of revenue received from each source

10. The number, location, and type of tire collection centers

11. Any identified operational issues

12. The number of enforcement actions against the used tire program

13. Any other performance indicators that are determined to be useful to evaluate performance and efficiency

2.9 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

Transportation

The Contractor shall pick up loaded containers within seventy-two (72) hours of notification from the District of the necessity.

The Contractor shall pay $250.00 per day that it is late picking up loaded containers.

Containers

The Contractor shall leave an empty fifty-three foot (53’) walking floor trailer or other compatible units of the same function and capacity at the tire transfer facilities.

The Contractor shall pay $250.00 per day that the tire transfer facility does not have an empty replacement container.

Processing

The Contractor shall give the Board and the District immediate notice of any anticipated delays or plant

The Contractor shall pay $500.00 per day for any delays or plant shutdowns that effect the performance of shutdowns that affect the requirements of this IFB.

the requirements of the Contract.

Reporting

The Contractor shall assist the Board in completing any reports for DEQ or any other regulatory agency having jurisdiction or authority over the Board or the District.

The Contractor shall pay $100.00 per day for any delay in providing information to the Board for required reports.

Pursuant to Ark. Code Ann. § 8-9- 409, the Contractor shall assist the Board in preparing quarterly reports for DEQ.

The Contractor shall pay $100.00 per day for any delay in providing information to the Board for preparing quarterly reports.

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 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.

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. 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 https://sas.arkansas.gov/procurement/forms-and-reporting/#:~:text=Services%20Contract%20(SRV%2D1)%20Fillable%20Form 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.