S000000529 IFB Lawn Care Services IFB.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: S000000529 Solicitation Issued: April 1, 2026

Description: Lawn Care Services

Department: Arkansas Department of Energy and Environment

BID DUE DATE AND DELIVERY OF BIDS

Bid Response Due Date: May 01, 2026 Time: 10:00 a.m., Central Time

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

LIVE BID OPENING INFORMATION

Teams Meeting Link: https://teams.microsoft.com/meet/26897869431410?p=DLmjGa5H1AUfk8gAUg Meeting ID: 268 978 694 314 10 Passcode: Mw3KL954 Call in (audio only): 501.244.3310 or find a local number Phone conference ID: 474 559 748#

SAS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

SAS OSP Procurement Specialist:

Kimberly D. Simmons Procurement Specialist’s Direct Phone Number:

501-371-6079

Email Address: Kimberly.simmons@arkansas.g ov SAS OSP’s Main Number: 501-324-9316

SAS OSP Website: sas.arkansas.gov/procurement/ file://tss-file-p1/INDOSPADMIN$/#_GENERAL_%20PROCUREMENT_%20TEAM_#/BUYERS/Brandi%20Schroeder/Bid%20Folder%20Documents/#New%20Drafts/IFB/1%20OSP%20Use/arbuy.arkansas.gov/ https://teams.microsoft.com/meet/26897869431410?p=DLmjGa5H1AUfk8gAUg https://dialin.teams.microsoft.com/6b6513dc-a034-48d2-8d06-7e711c4ecc0b?id=719036839

SECTION 1 – INFORMATION AND INSTRUCTIONS

1.1 INTRODUCTION

This Invitation for Bid (IFB) is issued by the TSS Office of State Procurement (TSS OSP) for the Arkansas Department of Energy and Environment (“ADEE” or “Department”) to obtain pricing and a contract for Lawn Care Services.

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

1.2 TYPE OF CONTRACT

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

Selection).

B. The anticipated starting date for any resulting contract is July 1, 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 TSS OSP for up to six (6) additional one-year terms or portions thereof, not to exceed a total aggregate contract term of seven (7) consecutive years.

1.3 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 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 April 9, 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 April 16, 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 TSS OSP Procurement Specialist of any term, condition, etc., that precludes the Prospective Contractor from submitting a Responsive Bid.

Prospective Contractors should note that it is the responsibility of the Prospective Contractor to seek resolution of all such issues, including those relating to the terms and conditions of the contract, prior to the submission of a bid.

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

D. An oral statement by TSS OSP will not be part of any contract resulting from this Solicitation and may not reasonably be relied on by any Prospective Contractor as an aid to interpretation unless it is reduced to writing and expressly adopted by TSS OSP.

1.6 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.

https://arbuy.arkansas.gov/

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

iii. If pricing documents do not allow for accurate pricing, Prospective Contractor should notify the TSS OSP Procurement Specialist at least seventy-two (72) hours before the bid opening time.

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

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

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

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

d. Copy of Prospective Contractor’s Equal Opportunity Policy

i. Pursuant to Arkansas Code Annotated § 19-11-104, OSP requires a Prospective

Contractor bidding on a state contract to submit a copy of the Prospective Contractor’s Equal Opportunity (EO) Policy. Prospective Contractors not required by law to have an EO Policy must submit a written statement to that effect.

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

3. The following items, which must be submitted prior to a contract award to the Prospective

Contractor, may also be included with the Prospective Contractor’s bid response:

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

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

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

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://transform.ar.gov/procurement/forms-and-reporting/#:%7E:text=Services%20Contract%20(SRV-1)%20Fillable%20Form:%7E:text=ORIGINAL%20CONTRACT%20DOCUMENTS https://transform.ar.gov/procurement/forms-and-reporting/#:%7E:text=Services%20Contract%20(SRV-1)%20Fillable%20Form:%7E:text=ORIGINAL%20CONTRACT%20DOCUMENTS https://www.section508.gov/sell/vpat/

SECTION 2 – SPECIFICATIONS AND REQUIREMENTS

2.1 PROSPECTIVE CONTRACTOR MINIMUM QUALIFICATIONS

A. The Prospective Contractor shall have two (2) years experience providing services of a similar size and scope to those outlined in the IFB for a minimum of three (3) clients.

B. The Prospective Contractor shall possess and maintain the appropriate herbicide and pesticide licenses and shall provide copies of these prior to the award of any resulting contract.

C. The Prospective Contractor shall possess and maintain all current licenses and permits required to do business in the State of Arkansas and shall provide copies of these prior to the award of any resulting contract.

D. The Prospective Contractor shall have and maintain liability insurance for the term of the contract.

The Contractor shall provide proof of liability insurance prior to the contract award and at the time of each renewal.

2.2 MANDATORY SITE VISIT

A. The Prospective Contractor shall attend and participate in a mandatory site visit to submit a response to the IFB.

B. The Prospective Contractor shall only have two (2) representatives present at the location to participate in the mandatory site visit.

C. The mandatory site visit will be on April 8, 2026 at 10:00 AM Central Time at the following location:

ADEE Building 5301 Northshore Drive N. Little Rock, AR 72118

D. The site visit is anticipated to last approximately one (1) hour. The date may be altered if weather conditions prevent the site visit from occurring.

E. Upon arrival at the location specified above, the Prospective Contractor’s representative participating in the mandatory site visit shall sign a sign-in sheet provided by the department.

F. The Prospective Contractor’s representative should drive to the location prior to the mandatory site visit to determine where to park and allow enough time to arrive before the mandatory site visit begins.

G. Should the Prospective Contractor’s representative arrive at the location specified above after the scheduled start time of the mandatory site visit as stated in this solicitation, the Prospective Contractor’s representative may not be permitted to participate in the mandatory site visit.

H. Should the Prospective Contractor fail to participate in the mandatory site visit at the location, date, and time specified in this solicitation for any reason, the Prospective Contractor’s bid will be rejected.

I. The Prospective Contractor’s representative present and participating in the mandatory site visit will be given the opportunity to ask questions during the mandatory site visit.

J. Although answers will be provided as a courtesy to all Prospective Contractors in attendance, no oral responses by State personnel to any questions posed at the mandatory site visit will become part of any contract resulting from this solicitation unless the oral response provided is reduced to writing and attached as an addendum to this solicitation. The information presented should be evaluated at the Prospective Contractor’s own risk.

2.3 GENERAL REQUIREMENTS

A. The Contractor shall provide all labor, equipment, supplies, materials, and incidentals necessary to preserve and enhance the natural landscape areas, clean and maintain the grounds of ADEE in accordance with the specifications outlined in this IFB throughout the contract period.

B. The Contractor shall be responsible for any loss or damage to the State’s property and the property of others due to negligence or willful act of the Contractor’s personnel and shall make good such loss or damage at the request of ADEE, at their own expense.

C. The Contractor shall safeguard government and personal property (sprinkler heads, tree bark, tree trunks, personal vehicles, etc.).

D. The Contractor shall inform the Facility Manager each time they are going to provide any lawn care services and when the services are complete so that the completed work can be inspected.

E. The Facility Manager will notify the Contractor in writing of any continued deficiencies which may be a basis for cancellation of any resulting contract for non-performance.

2.4 SERVICES REQUIREMENTS

A. The Contractor shall provide lawn care services for the areas around the ADEE Building.

B. The Contractor shall provide mowing services on a seven (7) day interval during the months of

March through November and twice monthly on a fourteen (14) day interval during the months of December through February weather permitting.

C. Mowing and edging must be done after hours (5pm) or on weekends weather permitting.

D. Bermuda Grass must be cut to approximately during hot temperatures when Hot: “2 - 2 ½”, Cool:

“1 ½ - 2”.

E. The Contractor shall provide edging services at the same time as mowing services, to include, but not limited to, edging, weed eating, and subsequently blowing off sidewalks, walkways, breezeway areas, and curbs.

Q. The Contractor shall perform trimming in all areas not accessible by mowers (around planting beds, trees, shrubs, buildings, fences, poles, posts, fire hydrants, parking barriers, etc.).

F. Trimming height must match mowing height.

G. The Contractor shall provide leaf and light debris removal services (such as limbs and litter on the lawn and in parking areas) with each mowing service.

H. Disposition of the removed leaves will be determined by ADEE. This service should be provided on the same day as mowing.

I. Pruning must be done on an as needed basis. Thinning is preferred method of pruning', minimal heading or shearing is encouraged.

J. The Contractor shall prune shrubs as needed during the growing season. Shrubs must be trimmed monthly to maintain general shape and to remain clear of sidewalks and sight lines of all roads and driveways.

K. Trees must be pruned from the ground up once annually to remove dead wood, limbs, redundant growth, crossing growth and limbs hindering pedestrian walkways. Remove all "sucker" growth from the base and the trunks of trees. Damaged limbs and sucker growth must be removed promptly.

L. Pruning must maintain natural growth character. This service should be performed during winter months.

M. All other vegetation must be removed from trees and shrubs that are not a part of that tree or shrub.

N. The Contractor shall remove all unwanted weeds and grass from wildflower areas in the natural landscape area at the front of the building. Weeds will need to be hand-pulled in this area.

O. Drainage ditches must be maintained to the same appearance as surrounding areas.

P. Any existing vegetation must be removed from fences and new vegetation shall not be allowed to grow on fences. Trimming must not damage trees, light poles and other mechanical and electrical lines.

Q. The Contractor shall remove all unwanted weeds and grass from wildflower areas in the natural landscape area at the front of the building. Weeds will need to be hand-pulled in this area.

R. The Contractor shall use only organic/slow-release fertilizers in areas where fertilizer is needed.

S. The Contractor shall provide general cleaning which must consist of blowing off all sidewalk areas around the building, blowing off trash and debris from the covered parking area on the east side of the building, parking lots, back patio area and the amphitheater area located in front of the building parking lots. Any trash, paper, cans, and other debris on the grounds must be picked up to maintain a neat and clean appearance.

T. The Contractor shall employ sustainable landscape management practices, whenever possible including but not limited to:

1. Grass cycling (leaving the clippings on the lawn) at least 50% of all mowing is required.

2. Recycling plant debris by composting. Allowing leaf drop to become a part of the mulch layer in tree, shrub, and groundcover areas is preferred.

2.5 SUPPLEMENTAL SERVICES

A. The Contractor shall be requested to perform supplemental lawn care or grounds maintenance services not specifically listed in the base scope of work. These services may include, but are not limited to, seasonal clean-up, storm debris removal, planting, irrigation repairs, or other related tasks.

B. The Contractor should provide a rate schedule for supplemental services, including:

1. Hourly labor rates by labor category (e.g. general laborer, equipment operator, supervisor).

2. Equipment usage rates (per hour or per day).

3. Material cost markup percentage (if applicable).

2.6 INVOICING REQUIREMENTS

A. The Contractor shall submit a monthly invoice by the first of each month, no later than the 10th of the month and it must be sent to ee.fiscalinvoices@arkansas.gov.

C. One-time additional costs associated with "clean-up or start-up" services will need to be separated from the monthly/annual maintenance cost bid.

2.5 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.

mailto:ee.fiscalinvoices@arkansas.gov

TABLE A: PERFORMANCE STANDARDS

Criteria Standard Damages

Mowing

Grass must be cut to between (Hot) 2 and 2 1/2"inches on a seven (7) day interval during the months of March through November and (Cool) “1 ½" and “2 ½” on a fourteen (14) day interval during the months of December through February. All clippings must be removed from sidewalks, curbs, parking areas, patio and breezeways and mulched or bagged and removed from the premises on same day as mowing.

25% will be deducted from each vendor's invoice for non-compliant areas and will result in a below standard VPR being written. Continued errors may result in the contract being cancelled.

Trimming

Perform trimming in all areas not accessible by mowers (around planting beds, trees, shrubs, buildings, fences, poles, posts, fire hydrants, parking barriers, etc.). Trimming height must match mowing height. Drainage ditches must be maintained to the same appearance as surrounding areas. Any existing vegetation must be removed from fences and new vegetation must not be allowed to grow on fences. Ensure trimming does not damage trees, light poles and other mechanical and electrical lines. This service must be provided on the same day as mowing.

10% will be deducted from each vendor's invoice for non-compliant areas and will result in a below standard VPR being written. Continued errors may result in the contract being cancelled.

Edging Edging sidewalks, driveways, curbs, and other pavement edges to a neat uniform and defined appearance, each time the grass is mowed.

25% will be deducted from each vendor's invoice for non-compliant areas and will result in a below standard VPR being written. Continued errors may result in the contract being cancelled.

Cleanup Mowing, trimming, and edging should be accomplished in a manner to keep streets, sidewalks, building entryways, and vehicles free from debris. These areas should be cleaned with a blower as necessary to remove clippings, dust, debris, etc. after mowing is complete. Any trash, paper, cans, and other debris on the ground must be picked up.

10% will be deducted from each vendor's invoice for non-compliant areas and will result in a below standard VPR being written. Continued errors may result in the contract being cancelled.

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:

3. 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).

4. 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.

5. 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 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).

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

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 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 https://sas.arkansas.gov/procurement/forms-and-reporting/#:%7E:text=Services%20Contract%20(SRV%2D1)%20Fillable%20Form 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.