S000000492 Therapy Services IFB Final~2.pdf

Rev 09/2025

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: S000000492 Solicitation Issued: February 9, 2026

Description: Speech, Occupational, and Physical Therapy Services

Department: Department of Human Services – Arkansas Health Center

BID DUE DATE AND DELIVERY OF BIDS

Bid Response Due Date: March 10, 2026 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: 224 241 713 321 97

Passcode: tW28Xq7C

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

Phone conference ID: 236 047 471#

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_YjkwNWMwNWMtYWM0Zi00ZjI4LTk1ZWQtMTI3YzgzMDQ3ZWQy%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 Department of Human Services, Arkansas Health Center (“DHS/AHC” or “Department”) to obtain pricing and a contract for Arkansas-licensed personnel to provide speech, occupational, and physical therapy services to meet the needs of residents, both male and female, with a combination of physical and mental disabilities residing at the Arkansas Health Center (AHC) in Benton, Arkansas.

AHC is a two hundred and ninety (290) bed, long-term care facility, operational twenty-four (24) hours per day, three hundred sixty-five (365) days per year.

AHC

6701 Hwy 67 Benton, Arkansas 72015

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

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 July 1, 2026, 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 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. 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.

1.4 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 Estimated Seven (7) Year 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.

D. 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.

E. Negotiations are conducted at the sole discretion of the State.

F. 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.

1. 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 February 16, 2026.

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 February 20, 2026. 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.

C. 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.

D. Prospective Contractors may contact the SAS OSP Procurement Specialist with non-substantive questions at any time prior to the bid opening.

E. 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.

https://arbuy.arkansas.gov/

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 during the Clarification of Solicitation period (see IFB Section 1.5).

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 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.

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

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

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

C. 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 AHC is a 290-bed licensed nursing home owned and operated by the State of Arkansas, Department of Human Services, Division of Aging and Adult Behavioral Health Services. AHC is a Medicaid or private pay only facility. The Contractor does not bill for therapy services nor receive any funds directly from Medicaid, Medicare, or the residents of AHC.

Table A shows the anticipated estimated hours per week by position for the services outlined in this IFB.

Table A: Estimated Weekly Hours by Position

Position Estimated Weekly Hours

Speech Language Pathologist (SLP) Thirty-two (32)

Occupational Therapy (OT) Sixty-two (62)

Certified Occupational Therapy Assistant (COTA) Twenty-four (24)

Physical Therapy (PT) Forty (40)

Physical Therapy Assistant (PTA) Forty (40)

2.2 OBJECTIVES AND GOALS

The Department seeks to provide Therapy Services (speech, occupational, and physical therapies) for adult and geriatric male and female residents with a combination of medical and psychiatric diagnoses residing at AHC.

2.3 PROSPECTIVE CONTRACTOR MINIMUM QUALIFICATIONS

A. The Prospective Contractor shall have a minimum of five (5) years of experience providing services of a similar size and scope to the requirements set forth in this IFB.

B. The Prospective Contractor shall have a minimum pool of two (2) therapists on staff for each listed therapist position in the IFB.

C. Therapists shall be appropriately licensed to practice in the State of Arkansas.

D. The Prospective Contractor shall be registered to do business in the State of Arkansas and in good standing by the start of any resulting contract. The Contractor shall provide a Certificate of Good Standing, Certificate of Authority, or other required Arkansas Secretary of State documentation such as non-filing or nonqualifying statements, upon DHS request.

2.4 GENERAL REQUIREMENTS

A. The Contractor shall provide certified and licensed personnel for the provision of Speech Therapy

(ST), Occupational Therapy (OT), Certified Occupational Therapist Assistants (COTA), Physical Therapy (PT), and Physical Therapy Assistants (PTA) as authorized by AHC.

B. The Contractor shall provide these services to all AHC residents referred to the Contractor by the physician and/or the AHC Clinical Director.

C. The Contractor shall meet with the AHC Clinical Director to coordinate the provision of therapy services under any resulting contract.

D. The provision of services must comply with Federal and State skilled nursing facility regulations incorporated herein by reference requiring the provision of specialized rehabilitation services (search document for “483.65(b) Qualifications” which covers specialized rehabilitative services).

E. The Contractor shall adhere to all DHS policies and Health Insurance Portability and Accountability Act (HIPAA) laws and regulations related to protecting the rights and privacy of each resident.

https://www.ark.org/sos/good_standing/index.php https://www.ark.org/sos/good_standing/index.php https://www.sos.arkansas.gov/business-commercial-services-bcs/forms-fees/corporations/foreign-corporations https://www.sos.arkansas.gov/business-commercial-services-bcs/forms-fees/corporations/foreign-corporations https://www.cms.gov/files/document/qso-25-14-nh.pdf

F. The Contractor shall comply with all statutes, regulations, codes, ordinances, and licensure or certification requirements applicable to the services being provided.

G. The Contractor shall ensure comprehensive service delivery, proper documentation, interdisciplinary coordination, and compliance with AHC billing standards as detailed in the requirements of this IFB.

H. The Contractor shall comply with the Arkansas Board of Physical Therapy rules and regulations.

I. The Contractor shall comply with the Arkansas Occupational Therapy Practice Act and NBCOT Practice Standards.

J. Additional therapy functions or services may be identified and incorporated during treatment. Any such additions must be mutually agreed upon in writing and reflected in the final version of the treatment plan.

2.5 SPEECH THERAPY REQUIREMENTS

A. The Contractor shall provide Speech Therapy (ST) services.

B. The Contractor shall conduct comprehensive speech, language, voice, and swallowing evaluation.

C. The Contractor shall develop and implement individualized treatment plans addressing articulation, language comprehension, communication skills, and Augmentative/Alternative Communication (AAC) needs.

D. The Contractor shall provide on-going therapy sessions based on physician orders and insurance or AHC authorization.

E. The Contractor shall educate caregivers on carryover techniques and progress strategies.

2.6 OCCUPATIONAL THERAPY REQUIREMENTS

A. The Contractor shall provide Occupational Therapy (OT) services.

B. The Contractor shall perform evaluations of fine motor, sensory, vision, motor integration, and self-care skills.

C. The Contractor shall develop and implement individualized treatment plans to enhance participation in Activities of Daily Living (ADLs), and adaptive skill acquisition.

D. The Contractor shall provide therapeutic interventions to address sensory regulation, intended function of specific body part use, and adaptive equipment training.

E. The Contractor shall provide on-going therapy sessions based on physician orders and insurance or AHC authorization.

F. The Contractor shall offer caregiver training and environmental modification recommendations.

2.7 PHYSICAL THERAPY REQUIREMENTS

A. The Contractor shall provide Physical Therapy (PT) services.

B. The Contractor shall conduct evaluations to assess mobility, posture, muscle tone, range of motion, and strength.

C. The Contractor shall develop and implement individualized treatment plans aimed at improving gross motor function, balance, gait, and physical endurance.

D. The Contractor shall support transition planning for school, home, and/or community integration.

E. The Contractor shall provide on-going therapy sessions based on physician orders and insurance or AHC authorization.

F. The Contractor shall recommend adaptive mobility equipment and train caregivers on safe handling and positioning.

https://healthy.arkansas.gov/boards-commissions/boards/physical-therapy-arkansas-state-board/ https://armedicalboard.adh.arkansas.gov/Professionals/OccupationalTherapistandAssistant.aspx https://www.dev.nbcot.org/-/media/PDFs/Practice_Standards_OTR.pdf https://www.dev.nbcot.org/-/media/PDFs/Practice_Standards_OTR.pdf

2.8 ASSESSMENT AND TREATMENT REQUIREMENTS

A. Following the AHC policies on rehabilitation assessment, the Contractor shall perform a needs-based assessment of each physician-referred resident. AHC policies are aligned with the Centers for Medicare and Medicaid Services (CMS).

B. As established by Federal and State regulations, the Contractor shall maintain the resident’s medical records which must contain reports of the administration of the evaluation, interpretation, and course of treatment.

C. The Contractor shall develop a treatment plan within fourteen (14) calendar days of completion of a resident’s assessment indicating that skilled rehabilitation services are required.

D. The Contractor shall provide the services in accordance with the resident’s needs assessment and treatment plan.

E. The Contractor shall complete progress notes within thirty (30) business days for those residents seen for individual and/or group therapy and progress notes written for all residents on caseload for their quarterly care plan review.

F. The Contractor shall perform an annual assessment for residents receiving skilled rehabilitation services.

G. Screenings must be performed on residents following all falls and other incidents referred to therapy to review and make recommendations.

H. Screenings must be performed by the Contractor according to physician orders and at the request of the Clinical Director.

I. Documentation must be completed in the resident’s medical record and on approved AHC paper forms when indicated.

J. The Contractor shall conduct fall and injury follow-up and make recommendations as directed by the AHC Clinical Director.

K. The recommendation for the fall and injury follow-up must be documented on the services log within twenty-four (24) business hours of receipt of follow-up request unless otherwise approved by the AHC Clinical Director.

L. The Contractor shall submit the services log to the AHC Clinical Director, or designee, monthly, between the first (1st) and fifth (5th) of the month. At a minimum, the services log must be recorded on a form that includes the name of the resident, the type of service provided, and how many minutes of service were provided during each visit.

2.9 LICENSURE AND/OR CERTIFICATION REQUIREMENTS

A. The Contractor shall maintain their professional license and/or certification within their professional area of practice for the duration of any resulting contract.

B. The Contractor shall keep on file all current licenses and certifications required for the performance of the on-site services and shall make copies available to AHC upon request.

C. The Contractor shall immediately notify AHC of any changes in personnel licensure and shall ensure that only qualified personnel provide therapy services.

2.10 STAFFING REQUIREMENTS

A. The AHC Clinical Director will determine the appropriate staffing levels for services under any resulting contract.

B. The Contractor shall provide consistent staffing levels so that the quality of services is maintained and optimal rehabilitation performance is obtained during treatment.

C. The Contractor shall not allow any one (1) therapist to perform services over two thousand eighty (2,080) hours during a contract year.

D. The Contractor shall maintain a continuity of care plan to ensure service coverage during staff absences.

E. In the event of a personnel vacancy, the Contractor shall fill the vacant position within thirty (30) calendar days to ensure continuity of care. The Contractor shall provide written justification if the position has not been filled within thirty (30) calendar days.

F. The Contractor shall replace personnel upon request by AHC for justified reasons including, but not limited to, performance, behavior, and security.

G. The Contractor shall provide information necessary to conduct criminal background checks on all personnel who perform or supervise work on any resulting contract for the purposes of auditing.

H. AHC reserves the right to refuse personnel based on the results of the criminal background check.

I. The Contractor shall provide weekly timesheets of dates and times worked to the designated SP, OT, and PT AHC supervisors.

J. After approval by the designated AHC supervisors, the timesheets must be sent to the Clinical Director, or designee, for payment processing.

K. The Contractor shall not schedule any therapist who is currently employed by the State of Arkansas in any capacity.

2.11 TRAINING REQUIREMENTS

A. The Contractor shall participate in the AHC new employee orientation program prior to the commencement of any resulting contract.

B. Upon request by the AHC Clinical Director, and in coordination with staff development, the Contractor shall provide in-service and new employee orientation training programs to AHC staff and/or family members of AHC residents.

C. Training must emphasize interventions and techniques to restore, maintain, and prevent regression of physical and/or cognitive function of the resident.

D. Training must address techniques concerning how to prevent and/or minimize injury to AHC staff when on the job.

2.12 CERTIFICATION REQUIREMENTS

A. The Contractor shall be cleared for work at AHC prior to attendance at orientation. Certification documents for clearance must include the following:

1. Drug/Alcohol Screening – must be within ten (10) calendar days of AHC receiving profile of new personnel

2. Purified Protein Derivative (PPD) / tuberculosis (TB) skin test *

3. Flu Immunization from October 1 – April 1 of the current year *

4. Hepatitis B record

5. Office of Long-Term Care (OLTC) background check

6. Federal Bureau of Investigation (FBI) fingerprint card (required for those who have not lived in Arkansas within the past five (5) years)

7. Arkansas State Police background check – must be within thirty (30) calendar days of AHC receiving profile of new personnel *

8. Cardiopulmonary Resuscitation (CPR) – American Heart Association – Health Care Provider Basic Life Saver (HCPBLS) *

9. Registry screening checks as follows:

a. Child Maltreatment Registry *

b. Adult Maltreatment Registry *

c. OLTC Employment Clearance Registry – must be within ten (10) calendar days of AHC receiving profile on new personnel *

* Required annually

2.13 SUPPLIES AND EQUIPMENT REQUIREMENTS

A. The Contractor shall use clinical procedures in requesting and using supplies and equipment to treat residents.

B. The Contractor, although not responsible for purchasing supplies and equipment, shall be responsible for requesting the same from the Clinical Director in a timely manner so as not to disrupt services to residents.

2.14 INSURANCE REQUIREMENTS

A. Prior to award of any resulting contract, the Contractor shall provide an approved Certificate of

Insurance and shall maintain the insurance throughout the life of any resulting contract including any renewals.

B. The Contractor shall maintain insurance in the minimum amount as follows:

1. One million dollars ($1,000,000) per occurrence, general liability

2. Three million dollars ($3,000,000) aggregate, for professional liability, negligence, errors and omissions, and public liability

C. The insurance must have limits sufficient to cover losses resulting from or arising out of the Contractor’s actions or inactions in the performance of the services by the Contractor, its agents, servants, employees, or subcontractors.

D. The Contractor shall name AHC as a Certificate holder on each Certificate of Insurance with the following information:

1. Contract number which will be provided prior to award

2. Arkansas Health Center 6701 Highway 67 Benton, Arkansas 72015

E. The insurance must not be modified without AHC’s approval.

F. The insurance must be with a company licensed by the State of Arkansas to do business and to provide such policies.

G. The Contractor shall notify AHC not less than forty-five (45) calendar days in advance of any non-renewal, cancellation, or expiration of the Contractor’s insurance policy. In the event that AHC receives a notice of non-renewal, the Contractor shall provide AHC with an insurance policy from another carrier at least thirty (30) calendar days prior to the expiration of the insurance policy then in effect.

H. AHC will have the right to inspect the original insurance policies held by the Contractor.

I. The Contractor shall provide proof of Insurance annually at the time of renewal of any resulting contract.

J. Failure to maintain insurance may constitute breach of any resulting contract and subsequent termination of the contract.

2.15 PRIVACY AND SECURITY REQUIREMENTS

A. The Contractor shall ensure and maintain compliance with the most current version of Health

Insurance Portability and Accountability Act (HIPAA), Health Information Technology for Economic and Clinical Health (HITECH), The Privacy Act of 1974, Arkansas personal Information Protection Act (A.C.A § 4-110-104), and other Federal and State privacy and security standards. Prior to award, the Contractor must complete and sign a Business Associate Agreement (BAA), if applicable (See Attachment A: Business Associate Agreement (BAA)).

B. The State of Arkansas Security and Privacy policies (Policies: 1001 - 1003, 1053, 1074, 1095, 4001 - 4013, and 5000 - 5011) can be found at: https://humanservices.arkansas.gov/dhs-policies.

C. The Contractor shall disclose any breaches of privacy or security by contacting the DHS Information Technology Security Office within one (1) business day of the discovery of the breach at DHSITSecurity@dhs.arkansas.gov if it is a threat to DHS systems, or the DHS Privacy Office at DHSPrivacyInvestigator@dhs.arkansas.gov for privacy concerns.

D. The Contractor shall use protected health information and/or other confidential information only in a manner that is necessary to provide the services required in this solicitation.

E. The Contractor shall safeguard the use and disclosure of, and restrict access to, protected health information and/or other confidential information.

2.16 DATA OWNERSHIP AND CONTRACT TRANSITION REQUIREMENTS

A. The State shall retain ownership, right, title, and interest to all data collected and stored by the

Contractor under a resulting contract, excluding intellectual property and exclusions governed by applicable State and Federal laws.

B. At the end of the contract and after confirmed transfer of 100% of the State-owned data, deliverables, and products the Contractor has created, developed, produced, and managed while performing the services outlined in this IFB back to the State or their designee, the Contractor shall destroy all copies of the State-owned data that the Contractor possesses.

C. The Contractor shall ensure all data received as part of the contract is used solely for the purpose of this contract and not shared, reused, or disseminated to any other party or entity without the express written consent of DHS designated representative or as otherwise required under applicable State and Federal laws.

D. Upon termination or expiration, should any subsequent contract for this or similar services be awarded to a provider other than the Contractor, the Contractor shall, to the greatest extent possible and reasonable, cooperate with DHS in initiating a smooth and orderly transition to the next Contractor.

2.17 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 B: 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.

https://humanservices.arkansas.gov/dhs-policies mailto:DHSITSecurity@dhs.arkansas.gov mailto:DHSPrivacyInvestigator@dhs.arkansas.gov

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 Contractor’s control 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 Department’s direction regarding the required compensation process.

TABLE B: PERFORMANCE STANDARDS

Criteria Standard Damages

General Requirements

Acceptable performance is defined as one hundred percent (100%) compliance with all General Requirements at all times throughout the contracted term.

The Contractor may be issued a written warning for unacceptable performance and may be required to submit and implement a Corrective Action Plan (CAP) acceptable to DAABHS.

A ten percent (10%) penalty may be assessed in the following months’ payment to the Contractor for each failure to comply with the General Requirements and Acceptable Performance Standards. The penalty will be calculated based on the total payment for the identified month in which the deficiency took place.

Further instances of unacceptable performance may result in the issuance of a below standard Vendor Performance Report (VPR). Repeated failure to meet the Acceptable Performance Standards may result in contract termination.

Speech Therapy Requirements

Acceptable performance is defined as one hundred percent (100%) compliance with all Speech Therapy Requirements at all times throughout the required to submit and implement a CAP acceptable to DAABHS.

Contractor for each failure to comply with the Speech Therapy Requirements and Acceptable Performance Standards. The penalty will be calculated based on the total payment for the

VPR. Repeated failure to meet the Acceptable Performance Standards may result in contract termination.

Occupational Therapy Requirements

Acceptable performance is defined as one hundred percent (100%) compliance with all Occupational Therapy Requirements at all times throughout the contracted term.

The Contractor may be issued a written warning for unacceptable performance and may be

Contractor for each failure to comply with the Occupational Therapy Requirements and Acceptable Performance Standards. The penalty will be calculated based on the total payment for the identified month in which the deficiency took place.

VPR. Repeated failure to meet the Acceptable

Physical Therapy Requirements

Acceptable performance is defined as one hundred percent (100%) compliance with all Physical Therapy Requirements at all times throughout the

Contractor for each failure to comply with the Physical Therapy Requirements and Acceptable Performance Standards. The penalty will be calculated based on the total payment for the

VPR. Repeated failure to meet the Acceptable

Assessment and Treatment Requirements

Acceptable performance is defined as one hundred percent (100%) compliance with all Assessment and Treatment Requirements at all times throughout the contracted term.

Contractor for each failure to comply with the Physical Therapy Requirements and Acceptable Performance Standards. The penalty will be calculated based on the total payment for the

VPR. Repeated failure to meet the Acceptable

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 Office of the Attorney General 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.

3. 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 with the State of Arkansas 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 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 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 subcontractor (Arkansas Code Annotated § 25-1-1203).

F. 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.

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.

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

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 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 bidding process, 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.

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

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.