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: S000000522 Solicitation Issued: March 16, 2026

Description: HVAC Repair and Maintenance

Department: Arkansas Department of Veteran Affairs

BID DUE DATE AND DELIVERY OF BIDS

Bid Response Due Date: April 16, 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: Teams Link

212 722 320 024 92 f4ou6J59

501.244.3310 or find a local number 952 532 745#

Meeting ID:

Passcode:

Call in (audio only):

Phone conference ID:

SAS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

SAS OSP Procurement Specialist:

Wendy Hickok Procurement Specialist’s Direct Phone Number:

501-324-9314

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

SAS OSP Website: sas.arkansas.gov/procurement/ https://teams.microsoft.com/meet/21272232002492?p=lD26LmPzLZ1PI9XSzO https://dialin.teams.microsoft.com/6b6513dc-a034-48d2-8d06-7e711c4ecc0b?id=719036839 mailto:Wendy.hickok@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 Arkansas Department of Veteran Affairs (“ADVA” or “Department”) to obtain pricing and a contract for HVAC Repair and Maintenance.

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

1.2 OBJECTIVE AND GOALS

The Department seeks to establish a contract for repair, maintenance, and retrofitting of HVAC equipment, installation services, labor-based solutions and related products and services for the Arkansas State Veterans Home, 2401 John Ashley Drive, North Little Rock, AR 72114.

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 May 18, 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 aggregate contract term of seven (7) consecutive years.

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. “Business Day” means any day of the week, excluding weekends between the hours of 7:00 a.m.

to 5:00 p.m., Central Time.

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

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

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

G. “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.

H. “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 as reflected by the lowest Total Weighted Cost Points that meet the Requirements and criteria set forth in the IFB, based on 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.

1.6 CLARIFICATION OF SOLICITATION

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

Time on or before March 23, 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 March 27, 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.

1.7 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.

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 1.7).

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

• A request for a price increase must include supporting documentation demonstrating that the increase in contract price is based on an increased cost to the Contractor and that the proposed pricing is still competitive in the marketplace. The State has the right to approve or deny any request for a price adjustment.

v. Discount from list bids pricing is not acceptable unless requested elsewhere in the Solicitation.

vi. State and local sales taxes should not be included in the bid price. Trade discounts should be deducted from the unit price and the net price should be shown in the bid.

d. Copy of Prospective Contractor’s Equal Opportunity Policy

i. Pursuant to Arkansas Code Annotated § 19-60-104, 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)

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/#%3A%7E%3Atext%3DServices%20Contract%20(SRV%2D1)%20Fillable%20Form https://sas.arkansas.gov/procurement/forms-and-reporting/#%3A%7E%3Atext%3DServices%20Contract%20(SRV%2D1)%20Fillable%20Form

SECTION 2 – SPECIFICATIONS AND REQUIREMENTS

2.1 PROSPECTIVE CONTRACTOR MINIMUM REQUIREMENTS

A. The Prospective Contractor shall have three (3) years of experience installing, repairing, and maintaining HVAC systems.

B. The Prospective Contractor shall have a valid Arkansas Class A-E or Lifetime HVAC/R Contractor License and shall provide a copy upon request from ADVA.

C. The Prospective Contractor shall have valid EPA Section 608 Certification and shall provide a copy upon request from ADVA. Information regarding this certification can be found here.

D. The Prospective Contractor shall be certified through the LG Training Academy, including LG Monitoring View (LGMV) software and shall provide copy of certification upon request from ADVA.

E. The Prospective Contractor shall be certified through the AAON Technical Academy and shall provide copy of certification upon request from ADVA.

2.2 GENERAL REQUIREMENTS

A. The Contractor shall maintain current Arkansas Class A-E or HVAC/R Contractor License, EPA

Section 608 certification, LG Training Academy Certification, and AAON Technical Academy Certification for the initial and subsequent terms of the contract.

B. The Contractor shall repair, install, retrofit, and provide parts for the units located at 2401 John Ashley Drive, North Little Rock, AR 72114 to include:

1. Nine (9) LG Variable Refrigerant Flow (VRF) systems

2. Nine (9) AAON Dedicated Outdoor Air systems (DOAS)

3. Any other HVAC equipment that ADVA adds that is unknown at this time

C. The Contractor shall repair, install, retrofit, and provide parts for HVAC equipment during Business Days and After Hours.

1. After Hours means:

a. Monday through Friday, 12:01 a.m. to 6:59 a.m. and 5:00 p.m. to 12:00 p.m., Central Time

b. Saturday, 12:01 a.m. to 12:00 p.m., Central Time

c. Sunday 12:01 a.m. to 12:00 p.m., Central Time

d. Thanksgiving Day, Christmas Day, and New Year’s Day from 12:01 a.m. to 12:00 p.m., Central Time

2. The Contractor shall obtain pre-approval, from a designee of ADVA, prior to any installation, repair, or retrofitting that will incur After Hours charges.

D. All equipment and parts must be new and not used or refurbished.

E. The Contractor shall provide and install HVAC equipment for LG VRF and AAON DOAS systems including, but not limited to:

1. Chillers, including but not limited to:

a. Air cooled chillers

b. Water cooled chillers

c. Compressor chillers

d. Ancillary chiller water plant equipment https://www.epa.gov/section608/compliance-guidance-industrial-process-refrigeration-leak-repair-regulations-under https://lghvac.com/training https://www.aaon.com/resources/aaon-training-options

e. Absorption liquid chillers

2. Unitary systems that combine heating, cooling, and fan sections including, but not limited to:

a. Rooftop systems

b. Split systems

c. Self-contained systems

d. Water source heat pumps

3. Air handling systems including, but not limited to:

a. Performance air handlers

b. Blower coil air handlers

c. Make-up air gas heating systems

d. Air cleaning and other appropriate air handling options

4. Terminal devices including, but not limited to:

a. Unit heaters

b. Unit ventilators

c. Fan coil units

d. Ventilation fans

5. Variable refrigerant flow units

a. Control boards and sensors

b. Inverter-driven compressors

c. Electronic expansion valves

d. Zonal control systems

6. Replacement coils

7. Ductless variable refrigerant volume units

8. Automation equipment

a. Electric control panels and other equipment controls

b. Controllers and unit components

9. Thermostats

10. Sensors

F. The Contractor shall provide training to ADVA staff for any new equipment, retrofitting, or parts, upon request of ADVA.

G. The Contractor shall provide specification sheets, upon request of ADVA.

H. All labor, retrofittings, equipment, and parts invoiced must be pre-approved by ADVA.

2.3 MAINTENANCE

A. The Contractor shall perform Annual Spring Pre-Cooling Comprehensive maintenance tasks including, but not limited to:

1. Checking of overall operating condition of system(s)

2. Inspecting and tightening of electrical connections

3. Inspecting, and lubricating if needed, condenser and indoor fan motors

4. Inspecting, adjusting, and replacing if needed, belts

5. Verifying proper operation of crankcase heaters

6. Inspecting evaporator coils and condensate pans

a. Flushing of condensate traps until clean

7. Testing operation of limits, controllers, and safeties

8. Verifying temperature difference across evaporator coils

9. Replacing and cleaning of indoor and outdoor filters

10. Cleaning of condenser coils on outdoor units

11. Checking system charge, log superheat and sub-cooling

12. Logging system operation and reporting to the ADVA designee upon completion

B. The Contractor shall perform Annual Fall Pre-Heating Comprehensive maintenance tasks including, but not limited to:

1. Checking of overall operating condition of system(s)

2. Inspecting and tightening of electrical connections

3. Inspecting, and lubricating if needed, condenser and indoor fan motors

4. Inspecting, adjusting, and replacing if needed, belts

5. Verifying proper operation of crankcase heaters

6. Inspecting evaporator coils and condensate pans

a. Flushing of condensate traps until clean

7. Testing operation of limits, controllers, and safeties

8. Verifying temperature difference across evaporator coils

9. Replacing and cleaning of indoor and outdoor filters

10. Inspecting electrical connections and testing electric heat strips in AAON DOAS Units and recording the amp draws

11. Cycling and testing reversing valves for heating mode

12. Checking system refrigerant charge

13. Logging system operation and reporting to the ADVA designee upon completion

C. The Contractor shall perform Winter and Summer maintenance tasks including, but not limited to:

1. Inspecting overall operating condition

2. Inspecting of electrical cabinets

3. Inspecting of motors and belts

4. Checking condensate drains and traps

5. Testing of operation of controllers, according to type of visit (heating or cooling)

6. Inspecting temperature difference across evaporator coils and electric heat strips

7. Replacing and cleaning all filters in all devices

8. Reporting conditions of visit to the ADVA designee upon completion

D. All maintenance must be completed on Business Days and must not incur After Hours charges.

2.4 EMERGENCY RESPONSE

A. The Contractor shall provide an on-site assessment to a designee of ADVA when notified of an emergency situation.

1. Assessment must be provided within two (2) hours of notification of an emergency by ADVA.

2. An emergency is determined solely at the discretion of the ADVA.

2.5 AIR CONDITIONING UNIT SPECIFICATIONS

A. Air conditioning units must:

1. Be through-wall with heat strip

2. Be compatible with existing systems

3. Have integrated wire and wireless thermostat connectivity

4. Have troubleshooting and diagnostics availability

5. Have integrated Bluetooth and RF (radio frequency) connectivity

2.6 UNIT CONTROL SPECIFICATIONS

A. The following controls must be included on all units:

1. High and low fan speeds for cooling, heating, and fan-only operation

2. Off position

3. Concealed ventilation control to allow the introduction of outside air

4. Concealed fan mode switch to all preset for continuous fan or thermostatically cycled fan operation

5. Compressor restart delay

6. Random restart circuit

7. Front desk control capabilities

8. Automatic room freeze protection

9. Remote control capability

10. Electronic temperature limiter

11. Remote temperature sensing capability

12. Load shedding capability

2.7 INSTALLATION, REPAIR, AND MAINTENANCE TIME REQUIREMENTS

A. The Contractor shall complete installation of new equipment, upgrading of existing infrastructure, and retrofitting, within 30 Business Days of notification, unless otherwise approved by ADVA.

B. The Contractor shall complete repairs to equipment within 21 Business Days of notification, unless otherwise approved by ADVA.

C. The Contractor shall complete maintenance of equipment within five (5) Business Days of notification, unless otherwise approved by ADVA.

2.8 RETROFITTING REQUIREMENTS

A. The Contractor shall complete on a timeline approved by ADVA, retrofitting including, but not limited to:

1. Temporary removal of primary electrical control panel to allow access for heat strip cabinet and existing ductwork leaving unit to be removed,

2. Relocation and installation of electric heat cabinet in main supply air distribution trunk in attic,

3. Fabrication properly sized plenum takeoff, fittings, transitions, and duct to allow design airflow and static to heat strip cabinet,

4. Relocation of main power supply and control wiring conduits to new location, including 3 phase disconnect at new heat strip location,

5. Fabrication and installation of new uni-strut support frame for AAON primary control panel, installation of new wiring connections, and reinstallation of control panel,

6. Installation and insulation of new sheet metal fittings and ducts, and

7. Verification by demonstration of proper operation and airflow.

2.9 WARRANTY REQUIREMENTS

A. The Contractor shall provide, at a minimum, a standard manufacturer’s warranty for parts and equipment.

B. The Contractor shall provide, at a minimum, a one (1) year labor warranty on installation, repairs, maintenance, and retrofittings.

2.10 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

Timeliness

All installation, repair, maintenance, and retrofitting must comply with the timeframes within this IFB.

$100 for each calendar day the Contractor is out of compliance. The Contractor shall credit damages to the monthly invoice.

Quality

All installations, repair, maintenance, and retrofitting must be complete and the equipment must be operable under normal working conditions at the time of the installation, repair, maintenance, or retrofitting is completed on the initial repair trip.

$300 for each additional repair trip, after the initial trip, for the same issue due to insufficient installation, repair, maintenance, or retrofitting of equipment. The Contractor shall credit damages to the monthly invoice.

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.

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 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 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).

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. 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.

H. 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.

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

J. 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.

K. 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/#%3A%7E%3Atext%3DServices%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.