S340 IFB Dump Truck Final~1.pdf

Rev 05/2024

STATE OF ARKANSAS

DEPARTMENT OF TRANSFORMATION AND SHARED SERVICES

OFFICE OF STATE PROCUREMENT

501 Woodlane St., Ste. 220 Little Rock, Arkansas 72201-1023

INVITATION FOR BID

SOLICITATION DOCUMENT

SOLICITATION INFORMATION

Solicitation Number: S000000340 Solicitation Issued: June 19, 2024

Description: Dump Truck

Department: Department of Human Services

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Bid Opening Date: July 3, 2024 Bid Opening Time: 2:00 p.m., Central Time

Bid responses for this Invitation for Bid must be submitted through ARBuy, the State’s eProcurement system.

It can be accessed at arbuy.arkansas.gov. Bids received after the submission deadline may be rejected as untimely.

LIVE BID OPENING INFORMATION

Teams Meeting Link: Join the meeting now

Meeting ID: 220 666 494 27

Passcode: zzEZjp

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

Phone conference ID: 387 357 601#

TSS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

TSS OSP Procurement Specialist:

Joshua Williams Procurement Specialist’s Direct Phone Number:

501-371-5701

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

TSS OSP Website: transform.ar.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_YmQ0YTAwOGItYzVmYy00NGEwLWIwOTUtNzNmYmUwYmU2Y2Iz%40thread.v2/0?context=%7b%22Tid%22%3a%225ec1d8f0-cb62-4000-b327-8e63b0547048%22%2c%22Oid%22%3a%2255e922e0-af81-440a-bcc5-85ef0c48b10c%22%7d https://dialin.teams.microsoft.com/6b6513dc-a034-48d2-8d06-7e711c4ecc0b?id=719036839 mailto:Joshua.williams@arkansas.gov https://www.transform.ar.gov/procurement/

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 Department of Human Services (“DHS” or “Department”) to obtain pricing and a contract for a new Dump Truck.

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

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 upon award date, except that the actual contract start date may be adjusted unilaterally by the State for up to three (3) calendar months. By submitting a signed bid in response to the IFB, the Prospective Contractor represents and warrants that it will honor its bid as being held open as irrevocable for this period.

1.3 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 Cost of the Official Bid Price Sheet attached as a separate excel spreadsheet in ARBuy submitted by the Prospective Contractor. Prospective Contractor shall enter their Total Cost in the gold shaded cell on the Official Bid Price Sheet.

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 6/25/2024.

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 6/27/2024. 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 as a separate excel spreadsheet to the Solicitation posting in ARBuy.

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.

https://arbuy.arkansas.gov/

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 shall not be subject to escalation.

v. Prices must include prepaid delivery of all vehicles to the ordering Department regardless of location within the State of Arkansas.

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

vii. 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 (Standard Commodities Contract, section 14)

3. The following items, which must be submitted prior to a contract award to the Prospective Contractor, may also be included with the Prospective Contractor’s bid response:

a. EO 98-04 Contract & Grant Disclosure Form (Standard Commodities Contract, 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://www.transform.ar.gov/wp-content/uploads/2020/06/Standard-Commodities-Contract-Template-6.18.20.docx https://www.transform.ar.gov/wp-content/uploads/2020/06/Standard-Commodities-Contract-Template-6.18.20.docx https://www.section508.gov/sell/vpat/

SECTION 2 – SPECIFICATIONS AND REQUIREMENTS

2.2 PROSPECTIVE CONTRACTOR MINIMUM QUALIFICATIONS

A. All Prospective Contractors shall be licensed by the Arkansas Motor Vehicle Commission as allowed by Arkansas Code §23-112-301 and §23-112-312.

B. Prospective Contractors should have on file with OSP a current copy of their Arkansas Dealers License issued by the Arkansas Motor Vehicle Commission.

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

C. At the time of bid submission, the Prospective Contractor shall have in place all facilities, staff, and other operations necessary for providing vehicle(s) listed in this IFB to State agencies and cooperative purchasing program participants in the State of Arkansas as required by this IFB.

2.3 MINIMUM DUMP TRUCK SPECIFICATIONS

A. At a minimum, the vehicle(s) must include all of the following components or component equivalents approved by the Department:

1. AXLE CONFIGURATION

a. 4X2

2. APPLICATION

a. Rock Body

3. MISSION

a. Gross Vehicle Weight Rating (GVWR): 25999 lbs

b. Calculated GVWR: 32000 lbs

c. Calculated Gross Combined Weight Rating (GCWR): 33000 lbs

d. Calculated Start/Grade Ability: 29.69% / 2.32% @ 55 MPH

e. Calculated Geared Speed: 87.9 MPH

4. DIMENSIONS

a. Wheelbase: 152.00 inches

b. Cab to Axle: 84.90 inches

c. Axle to Frame: 59.00 inches

5. FUEL TANK

a. Top Draw

b. Non-Polished Aluminum

c. D-Style

d. 16” Tank Depth

e. 50 US Gal. (189L) Capacity

f. Mounted Left Side, Under Cab

6. DEF TANK

a. 7 US Gal. (26L) Capacity

b. Frame Mounted Outside Left Rail, Under Cab

7. ENGINE

a. Diesel

b. Manufacturer: Cummins or approved equivalent

c. Model: B6.7 260

d. 1000 or 2000 Series Transmissions

e. EPA 2024

f. 260 HP @ 2400 RPM

g. 660 lb-ft Torque @ 1600 RPM

h. Governed Speed: 260 Peak HP

i. Engine Block Heater (120V/1000W)

j. Hand Control Throttle:

i. Engine Speed Control

ii. Electronic, Stationary, Variable Speed

iii. Mounted on Steering Wheel

k. EPA, OBD, and GHG Certified for Calendar Year 2024

l. EPA Idle Compliance:

i. Low NOx Idle Engine

ii. Complies with EPA Clean Air Regulations

iii. “"Certified Clean Idle” Decal on Hood

8. TRANSMISSION

a. Automatic

b. Manufacturer: Allison or agency approved equivalent

c. Model: 2500 RDS

d. 6-Speed with Double Overdrive

e. PTO Provision

f. Less Retarder

g. Max GVW and GCW: 33,000 lbs

h. Automatic Neutral (Shifts to Neutral when Parking Brake is Engaged, Remains in Neutral when Parking Brake is Disengaged, Without On/Off Switch)

9. RADIATOR

a. Aluminum

b. 2-Row

c. Down Flow

d. Front to Back System

e. 640 Sq.In. Louvered, with 383 Sq.In. Change Air Cooler

f. In-Tank Oil Cooler

10. EXHAUST SYSTEM

a. Horizontal Aftertreatment System

b. Frame Mounted Right Side Under Cab

11. AXLE

a. Front Non-Driving Axle

i. I-Beam Type

ii. 10,000 lb capacity

b. Rear Single Axle

i. Single Reduction 22,000 lb capacity

c. Gear Ratio: 5.57

12. CAB

a. Conventional, Day Cab

b. Steel Cab

c. Two steps per door

d. Rear Suspension: Air Suspension, for Mid Cab Height

13. TIRES

a. Front: 11R22.5 Load Range G

b. Rear: 11R22.5 Load Range G

14. WHEELS

a. Front Disc:

i. 22.5x7.5 Rims

ii. Powder Coat Steel

iii. 5-Hand Hole

iv. 10-Stud

v. 285.75mm BC

vi. Hub-Piloted

vii. Flanged Nut

viii. Steel Hubs

b. Rear Dual Disc:

i. 22.5x7.5 Rims

ii. Powder Coat Steel

iii. 5-Hand Hole

iv. 10-Stud

v. 285.75mm BC

vi. Hub-Piloted

vii. Flanged Nut

viii. Steel Hubs

15. SUSPENSION

a. Rear Single Suspension23,500-lb Capacity

i. ii. Vari-Rate Springs - 4500-lb Capacity Auxiliary Rubber Springs

b. Front Spring:

i. Parabolic Taper Leaf

ii. 10,000-lb Capacity with Shock Absorbers

16. PAINT

a. 100WP Winter White Std., PT-1 Single Color

17. CHASSIS DETAILS

a. MV60700 Base Chassis

b. Wheelbase: 152.00 inches

c. Cab to Axle: 84.90 inches

d. Axle to Frame: 59.00 inches

e. Frame Rails:

i. Heat Treated Alloy Steel (120,000 PSI Yield)

ii. 10.125" x 3.580" x 0.312" (257.2mm x 90.9mm x 8.0mm)

iii. 460.0" (11684mm) Maximum OAL

18. AIR SYSTEM COMPONENTS

a. Air Dryer with Heater, including Safety Valve

i. Mounted Inside Engine Compartment, Right Side

b. Automatic Slack Adjusters

c. Air Compressor 18.7 CFM

d. Dual Chamber Air Horn:

i. Electric, Trumpet Style

ii. Lanyard Pull Cord

e. Air Tank:

i. Mounted Under Battery Box, Outside Left Rail, Back of Cab, Perpendicular to Rail

19. BRAKES

a. Front:

i. Air- S-Cam Type

ii. Cast Spider

iii. Fabricated Shoe

iv. Double Anchor Pin

v. Size 15”x4”

vi. 13,200-lb Capacity

b. Rear:

i. Air- S-Cam Type

ii. Cast Spider

iii. Fabricated Shoe

iv. Double Anchor Pin

v. Size 16.5”x7”

vi. 23,000-lb Capacity Axle

vii. Dust Shields

20. BRAKE SYSTEM

a. Air

b. Brake Lines: Color and Size Coded Nylon

c. Drain Valve: Twist-Type

d. Air Pressure Gauges: 2 (Air 1 and Air 2)

e. Parking Brake Control: Yellow Knob

f. Parking Brake Valve

g. One (1) Quick Release Valve on Rear Axle for Spring Brake Release

21. SPRING BRAKE MODULATOR VALVE R-7 TRAILER CONNECTIONS

a. Type: Four-Wheel

b. Hand Control Valve and Tractor Protection Valve

c. Wired for Turn Signals Independent of Stop

d. Compatible with Trailers with Amber or Side Turn Lamps

22. ANTI-LOCK BRAKE SYSTEM (ABS)

a. Type: 4-Channel (4 Sensor/4 Modulator)

b. Full Vehicle Wheel Control System

23. ELECTRICAL SYSTEM

a. 12-Volt, Soft Start Motor

b. Data Link Connector: For Vehicle Programming and Diagnostics in Cab

c. Hazard Switch: Located on Instrument Panel

d. Headlight Dimmer Switch: Integral with Turn Signal Lever

e. Starter Switch: Electric, Key Operated

f. Stop, Turn, Tail & B/U Lights: Dual, Rear, Combination with Reflector

g. Turn Signal Switch: Self-Cancelling for Trucks

h. Front Turn Signals: Flush Mounted with Reflectors and Auxiliary Side Turn Signals

i. Low Coolant Level Indicator with Audible Alarm

24. ALTERNATOR

a. Type: Brush Type, 12 Volt, 160 Amp Capacity

b. Mounting: Pad Mount, with Remote Sense

25. BATTERY SYSTEM

a. Type: Maintenance-Free

b. Quantity: (2) 12-Volt, 1900CCA Total

c. Top Threaded Stud

26. BATTERY BOX

a. Steel, Plastic Cover

b. 18" Wide

c. 2-4 Battery Capacity

d. Mounted Left Side Back of Cab

27. COMMUNICATION AND TELEMATICS

a. Communications Module: Telematics Device with Over the Air Programming

b. Includes Five Year Data Plan and International 360

28. EXTERIOR FEATURES

a. Grille: Molded in Black

b. Fender Extensions: Painted

c. Front End: Tilting, Fiberglass, with Dual Air Intakes

d. Mud Flaps: Rubber, Mounted on Front Wheels

e. Tow Hook: Two (2) Frame Mounted

f. License Plate Holder:

i. Upper & Lower Mounting Plate Hardware

ii. Mounted in Existing Holes in Front Bumper

g. Windshield Wipers

i. Switch: 2-Speed with Wash and Intermittent Feature (5 Pre-Set Delays), Integral with

Turn Signal Lever

ii. Single Motor, Electric, Cowl Mounted

h. Antenna: Shark Fin, Roof Mounted

i. Trailer Connection Socket:

i. 7-Way

ii. Mounted Rear of Frame

iii. Wired for Turn Signals Independent of Stop

iv. Compatible with Trailers with Amber or Side Turn Lamps

29. CABIN FEATURES

a. Air Conditioner: Integral Heater and Defroster

b. Driver Seat: Air Suspension, High Back with Integral Headrest, Vinyl, Isolator, 1 Chamber Lumbar, 2 Position Front Cushion Adjust, -3 to +14 Degree Angle Back Adjust

c. Passenger Seat: Non-Suspension, High Back, Fixed Back, Vinyl

d. Mirrors: Black Heads and Arms, C-Loop, with 7.5” x 14” Flat Glass and 7.5” x 7” Convex Mirrors

e. Windows: Manual (2)

f. Door Locks: Manual, Left and Right

g. Steering Wheel: 4-Spoke, 18” Diameter, Black

h. Speakers: Two (2) 6.5” Dual Cone Mounted in Doors

i. Radio: AM/FM/WB/Clock/USB Input/Auxiliary Input

j. Trailer Auxiliary Feed Circuit:

i. For Electric Trailer Brake Accommodation/Air Trailer ABS

ii. 30 Amp Fuse & Relay

iii. Controlled by Ignition Switch

k. Overhead Console:

i. Molded plastic with Dual Storage Pockets, Retainer Nets & CB Radio Pocket

ii. Located Above Driver & Passenger

30. BUMPER

a. Front: Contoured, Steel, Gloss Black

31. LIGHTS

a. Stop, Turn, Tail & B/U Lights

i. Multi-Function LED Lamp

ii. Mounted Outside Rails

iii. LED License Plate Light

b. Headlights: Halogen

32. PROMOTIONAL PACKAGE

a. Government Silver Package

33. CDL LICENSE

a. Not required

B. The dump truck must be fully complete with a bed.

2.4 STANDARD VEHICLE REQUIREMENTS

A. Vehicle(s) must conform to all specifications referenced in this IFB.

B. Vehicle(s) must be new and must be the latest model of proven performance and in standard production by the manufacturer at the time of delivery.

C. Optional equipment must be in addition to Federal and State specifications for new vehicles.

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

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

2.5 PRE-DELIVERY REQUIREMENTS

A. The vehicle(s) being furnished to the State of Arkansas must be new and delivered as specified by this IFB.

B. The vehicle(s) must meet all of the following minimum specifications prior to delivery:

1. Be furnished with all interiors, exterior trim and appointments listed by the manufacturer in printed specifications and literature as standard equipment.

2. Be equipped with all safety equipment required by the State of Arkansas and applicable Federal Regulations.

3. Be completely serviced, cleaned, and thoroughly inspected by the Contractor prior to delivery to the ordering entity.

4. Must not contain dealer advertisement or insignia.

5. Complete lubrication.

6. Full crankcase with oil.

7. Engine adjustment to proper operating conditions.

8. Inflated tires to proper pressure.

9. Perfect operation of all mechanical features.

10. Front end alignment and balanced wheels.

11. Clean with all unnecessary tags, stickers, papers, etc. removed.

12. Window price sticker affixed.

13. A minimum five gallons of fuel.

14. License plate holders installed on the front and rear.

2.6 REGISTRATION FEES

In accordance with Act 484 of 2009 and Act 351 of 2011, all Arkansas motor vehicle dealers are required to print and place Temporary Buyer’s Tags on all unregistered vehicles at the time of sale. Temporary Tag Fees will be ascertained and added to the Vehicle Registration Certificate Form. Contractors shall not charge fees higher than the established amounts. Fees may be increased only as rate changes are imposed by the Arkansas Legislature.

2.7 WARRANTY REQUIREMENTS

A. From date of delivery, each vehicle must be accompanied with a factory, comprehensive warranty for a minimum of thirty-six (36) months or thirty-six thousand (36,000) miles, whichever comes first.

The warranty must certify that the vehicle is of good material and workmanship and that the replacement of any part or parts that fail under normal use within the designated period, free of negligence or accident, will be promptly repaired or replaced at NO cost to the agency that purchased the vehicle.

B. If such failure renders the vehicle incapable of being driven, the Contractor shall be responsible for having the vehicle transported to their place of business. If such failure takes place outside the Contractor’s service area, the Contractor shall be responsible for reimbursing the nearest authorized dealer for services rendered under the warranty. Tires are exempt from this warranty but must be covered by the tire manufacturer’s standard warranty and services provided by the local authorized dealer of the tire manufacturer.

2.8 ACKNOWLEDGEMENT AND INVOICING

A. Upon delivery of the vehicle(s), the Contractor shall provide the original invoice, odometer statement, certificate of origin, and any other documentation required to license and pay sales tax on the vehicle(s) to the ordering entity.

B. To ensure prompt payment, Contractor shall provide to the ordering entity a copy of the invoice and the signature of the ordering entity representative on a copy of the purchase order and all other receiving documents and dates received to the bill to address.

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 (OSP Rule R1:19-11-235).

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 § 19-11-240 and 19-11-245).

2. That the Prospective Contractor has not retained a person to solicit or secure the resulting contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies maintained by the Prospective Contractor for the purpose of securing business.

D. Qualifications, services, and commodities must meet or exceed the required Specifications as set forth in the Solicitation.

3.2. GENERAL TERMS AND CONDITIONS

A. The Contractor must be registered as a vendor to receive payment and may register online by visiting ark.org/vendor/index and clicking the Start Here button.

B. The Prospective Contractor represents and warrants that, prior to being awarded any executed contract resulting from this solicitation, the Prospective Contractor has taken or shall take all actions necessary to receive payment from the State through Electronic Funds Transfer (EFT) for the services and/or commodities to be provided under any such contract. This includes, without limitation, the following actions:

1. Signing documents authorizing the State to make EFT payments into a bank account designated by the Prospective Contractor.

2. Providing all information requested by the State to set up EFT payments, including either a voided check or a letter from their financial institution that contains the following information:

a. Account holder’s name

b. Account number

c. Routing number

d. Financial institution official’s contact information and signature

3. In the event the EFT information changes, the Contractor shall be responsible for providing the updated information to the State. No interest or late payment penalty will apply if payment is delayed because of the Contractor’s failure to initially provide or update information necessary for the State to make EFT payment.

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

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 § 19-11-105).

E. The Contractor shall invoice the State as required by the Department and should not invoice the State in advance of delivery and acceptance of any commodities or services (Arkansas Code Annotated § 19-4-1206).

1. The Contractor shall submit an order acknowledgement to the ordering entity within ten (10) days after receipt of the order.

2. 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.

3. Payment will be made in accordance with applicable State of Arkansas accounting procedures upon acceptance of commodities and services by the Department.

4. Payment will be made only after the Contractor has successfully satisfied the Department as to the reliability and effectiveness of the commodities or services purchased as a whole.

F. The Contractor should be able to accept the State’s authorized VISA Procurement Card (p-card) as a method of payment. Price changes or additional fee(s) must not be levied against the State when accepting the p-card as a form of payment.

G. This IFB incorporates all terms of the Standard Commodities Contract Template (found here).

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

H. The Prospective Contractor shall certify that they are not a company owned in whole or with a majority ownership by the government of the People's Republic of China (a “Scrutinized Company”) and that they do not and shall not during the aggregate term of the resulting contract employ a Scrutinized Company as a contractor (Arkansas Code Annotated § 25-1-1203).

I. The Prospective Contractor agrees and shall adhere to all terms, conditions, and Requirements if selected as the Contractor.

1. Items may only be modified if the legal requirement is satisfied and approved by the State during negotiations.

3.3. GUARANTEES, SAMPLES, AND BRAND NAME REFERENCES

A. By submitting a bid, the Prospective Contractor represents and warrants that goods its sells to the

Department under a resulting contract shall be merchantable.

B. Unless otherwise specified in the Solicitation, a catalog brand name or manufacturer reference used in the Solicitation is descriptive only, not restrictive, and used to indicate the type and quality desired.

1. Bids on brands of like nature and quality will be considered.

https://gcc02.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.transform.ar.gov%2Fwp-content%2Fuploads%2F2020%2F06%2FStandard-Commodities-Contract-Template-6.18.20.docx&data=05%7C01%7Cbrandi.schroeder%40arkansas.gov%7C9a1a244ccb3c41e3116e08db39ea4a05%7C5ec1d8f0cb624000b3278e63b0547048%7C0%7C0%7C638167450648138830%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=saEjjM86uWoaDF9dYm8vZyUNFnL%2FBE21Jmb4au4Nn70%3D&reserved=0

a. The State shall have the right to determine whether a substitute offered is equivalent to and meets the standards of the item specified, and the State may require the Prospective Contractor to supply additional descriptive material.

b. Prospective Contractors not bidding an alternate to the referenced brand name or manufacturer shall furnish the product according to brand names, numbers, etc., as specified in the Solicitation.

3.4. DELIVERY: FOB DESTINATION

Department of Human Services AR Health Center 6701 Highway 67 Benton, AR 72015

A. The Contractor shall take all reasonable measures to ensure that commodities purchased must be delivered within thirty (30) days of the Department’s issuance of the relevant purchase order unless otherwise agreed upon in writing.

1. If this delivery date cannot be met, the Prospective Contractor must state on the Official Bid Price Sheet the alternate number of days required to place the commodities in the ordering Department’s designated location.

2. The Contractor shall give the Department immediate notice of any anticipated delays or plant shutdowns that will affect the delivery requirement. The Contractor will not be liable for delays in performance or for non-performance due to unforeseen circumstances or causes beyond the Contractor’s reasonable control.

3. Failure to deliver the vehicle within the stated time may result in cancellation of the order of vehicle(s). If cancellation occurs, the State may purchase the vehicle(s) from another source and charge the difference, if any to the defaulting Contractor.

4. Failure to state the alternate delivery time obligates the Contractor to complete delivery by the Department’s requested date. Extended delivery dates may be considered when in the best interest of the State.

B. All deliveries must be made during normal State work hours.

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

D. The Contractor shall bear responsibility for loss or damage that occurs during shipping, prior to the order being received by the Department.

1. Risk of loss of the order will pass to the Department upon Contractor’s delivery of the order conforming to the resulting pursuant to a purchase order.

2. All orders should be properly packaged to prevent damage during shipping.

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

F. Unless otherwise agreed upon in writing by the Contractor and Department, payment will be made within thirty (30) days of the date of the Contractor’s delivery of product(s) conforming to the resulting contract and receipt of the Contractor’s invoice, whichever is later.

3.5. INSPECTION AND ACCEPTANCE

A. The State may inspect any commodities delivered, tendered, or identified to the State as being procured under a resulting contract to determine whether they conform to the contract.

1. The State’s right to inspection may be exercised at any reasonable place and time and in any reasonable manner, as determined in the State’s reasonable discretion, prior to acceptance of and payment for any commodities procured under a resulting contract.

2. If the commodities are found to be conforming as the result of inspection, the State will bear the cost of inspection, if any.

3. If any of the commodities are found to be non-conforming, the State:

a. May elect to recover expenses of inspection, if any, from the Contractor and the Contractor shall bear the cost.

b. The Contractor shall be responsible for the cost of any retrieval, return, or disposal of the commodities. Payment for commodities does not constitute acceptance of the commodities as conforming to the contract if the State has not had a reasonable opportunity to inspect the commodities or in the event of Contractor’s fraud or concealment of defects.

B. The State has the option to return any product(s) within the thirty (30) day timeframe for any reason.

C. The Contractor shall include a total satisfaction return policy for all products and shall not impose any liability on the State for such returns.

3.6. MINORITY AND WOMEN-OWNED BUSINESS

A. A minority-owned business is defined by Arkansas Code Annotated § 15-4-303 as a business owned by a lawful permanent resident of this State who is:

• African American

• American Indian

• Asian American

• Hispanic American

• Pacific Islander American

• A Service-Disabled Veteran as designated by the United States Department of Veteran Affairs

B. A women-owned business is defined by Act 1080 of the 91st General Assembly Regular Session 2017 as a business that is at least fifty-one percent (51%) owned by one (1) or more women who are lawful permanent residents of this State.

C. The Arkansas Economic Development Commission conducts a certification process for minority-owned and women-owned businesses. If certified, the Prospective Contractor’s Certification Number should be included on the Bid Signature Page.

3.7. PROPRIETARY INFORMATION

A. The release of public records is governed by the Arkansas Freedom of Information Act (Arkansas

Code Annotated § 25-19-101 et. seq.).

B. Submission documents pertaining to the Solicitation become the property of the State and may be subject to the Arkansas Freedom of Information Act (FOIA).

C. In accordance with FOIA, and to promote maximum competition in the State competitive sealed bidding, the State may maintain the confidentiality of certain types of information described in FOIA.

Such information may include trade secrets and other information exempted from public disclosure pursuant to FOIA.

D. Under no circumstances will pricing information submitted in response to an invitation for sealed bids be designated as confidential after the sealed bids have been opened.

E. Consistent with and to the extent permitted under FOIA, any Prospective Contractor may designate appropriate portions of a bid as confidential by submitting a redacted copy of the bid. By so redacting any information contained in the bid, the Prospective Contractor warrants that, after having received such necessary or proper review by counsel or other knowledgeable advisors, it has formed a good faith opinion that the portions redacted are not considered public records under FOIA.

F. If a Prospective Contractor deems part of the information contained in a response not to be a public record, the Prospective Contractor should submit one (1) complete copy of the submission documents from which any proprietary or confidential information has been redacted in their bid response. Except for the redacted information, the redacted copy must be identical to the original copy, reflecting the same pagination as the original and showing the space from which information was redacted.

G. The Prospective Contractor is responsible for identifying all proprietary information and for ensuring the electronic copy is protected against restoration of redacted data.

H. The redacted copy will be open to public inspection under the FOIA without further notice to the Prospective Contractor. If the State deems redacted information to be subject to a public record request under FOIA, the State will endeavor to notify the Prospective Contractor prior to release of the redacted record.

I. The State has no liability to a Prospective Contractor with respect to the disclosure of Prospective Contractor’s confidential or proprietary information ordered by a court of competent jurisdiction pursuant to FOIA or other applicable law.