S372 IFB Occupational Physical Speech and Therapy Services Final.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: S000000372 Solicitation Issued: February 19, 2025

Description: Occupational Physical, Speech, & Therapy Services

Department: Arkansas School for the Blind

SUBMISSION DEADLINE AND DELIVERY OF RESPONSE DOCUMENTS

Bid Opening Date: March 18, 2025 Bid Opening Time: 3:00 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: Click here to join the meeting now

Meeting ID: 263 026 028 287

Passcode: OAUysx

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

Phone conference ID: 210220573#

TSS OFFICE OF STATE PROCUREMENT CONTACT INFORMATION

TSS OSP Procurement Specialist:

Kimberly Haywood Procurement Specialist’s Direct Phone Number:

501-683-2222

Email Address: Kimberly.Haywood@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_MDY2NGU1NmMtMGQ5ZC00OTI5LTgwOTYtZTA1MWJmMThmN2Iz%40thread.v2/0?context=%7b%22Tid%22%3a%225ec1d8f0-cb62-4000-b327-8e63b0547048%22%2c%22Oid%22%3a%22d9090c76-7a45-4534-8343-2b68ab648322%22%7d https://dialin.teams.microsoft.com/6b6513dc-a034-48d2-8d06-7e711c4ecc0b?id=719036839 mailto:Kimberly.Haywood@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 Arkansas School for the Blind (“ASB” or “Department”) to obtain pricing and a contract(s) for Occupational Physical, Speech, & Therapy services.

Services to be provided are:

• Direct Physical Therapy

• Physical Therapy Evaluation

• Direct Occupational Therapy

• Occupational Therapy Evaluation

• Direct Speech Language Pathology

• Speech and Language Evaluations

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, 2025, except that the actual contract start date may be adjusted unilaterally by the State for up to three (3) calendar months. By submitting a signed bid in response to the IFB, the Prospective Contractor represents and warrants that it will honor its bid as being held open as irrevocable for this period.

C. The initial term of a resulting contract will be for one (1) year. Upon mutual agreement by the Contractor and Department, the contract may be renewed by 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 Cost per Year 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 February 26, 2025.

1. For each question submitted, Prospective Contractor should reference the specific Solicitation item number to which the question refers, as applicable.

2. Prospective Contractors’ written questions will be consolidated and answered by the State as deemed appropriate. The State’s consolidated written response is anticipated to be posted to the Solicitation posting in ARBuy by the close of business on March 5, 2025, If Prospective Contractor questions are unclear or non-substantive in nature, the State may request clarification of a question(s) or decline to answer.

B. The Prospective Contractor should notify the 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.

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. National Provider Identifier (NPI)

ii. Medicaid Provider Number

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

iv. 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.

v. 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.

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

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

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

viii. 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)

f. Copies of Current Certifications and Licenses, Per Therapy Group

g. Copy of Current Certificate of Insurance (COI)

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.

https://transform.ar.gov/wp-content/uploads/Services-Contract-SRV-1-Fillable-Form-110824-1.pdf https://transform.ar.gov/wp-content/uploads/Services-Contract-SRV-1-Fillable-Form-110824-1.pdf https://www.section508.gov/sell/vpat/

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.

SECTION 2 – SPECIFICATIONS AND REQUIREMENTS

2.1 PROSPECTIVE CONTRACTOR MINIMUM QUALIFICATIONS

A. Contractor shall have a minimum of three (3) years direct pediatric therapy experience providing therapy services and developing treatment plans and assessments.

1. TSS OSP and ASB reserve the right to request verification documents from the Prospective Contractor determining minimum requirement of pediatric therapy experience prior to Contract Award.

B. Contractor and Therapists shall be licensed and/or certified to provide therapy services in the State of Arkansas as required by State law.

1. Contractor shall submit a current copy of required liability insurance with bid submittal.

2. Contractors shall submit current copies of all required Federal and State licenses and certifications as set forth in the minimum qualifications of this bid for all proposed therapists.

C. Contractor’s Occupational Therapist shall meet the following minimum qualifications:

1. Either be certified by the National Board of Certification of Occupational Therapy (NBCOT), as required by Federal Regulations [42 CFR 440.110(b) (2) (i)] or be a graduate of an educational program in occupational therapy approved by the Committee on Allied Health Education and accreditation of American Medical Association and engaged in the supplemental clinical experience required before certification by NBCOT [42 CFR 440.110(b) (2) (ii)].

2. Have at, a minimum, an Associate Degree in Occupational Therapy from a program approved by the National Board for Certification of Occupational Therapy (NBCOT).

E. Contractor’s Occupational Therapy Assistant shall be licensed to practice as an Occupational Therapy Assistant by the Arkansas State Medical Board.

1. Occupational Therapy Assistant shall be under the “supervision” (as defined by the State Medical Board) of a qualified licensed Occupational Therapist.

F. Contractor’s Physical Therapist shall meet the following minimum qualifications:

1. Be a graduate of a program of physical therapy approved by both the Committee on Allied Health Education and Accreditation of the American Medical Association and the American Physical Therapy Association, as required by Federal Regulations [42 CFR 440.110(a) (2) (i)].

G. Contractor’s Physical Therapy Assistant shall have, a minimum, of a bachelor’s degree or college level associate degree in physical therapy approved by the American Physical Therapy Association.

1. Physical Therapy Assistant shall be under the “supervision” (as defined by the Arkansas State Board of Physical Therapy) of a qualified licensed physical therapist.

H. Contractor’s Speech-Language Pathologist shall meet the following minimum qualifications:

1. Have a certificate of clinical competence from the American Speech-Language-Hearing Association (ASHA), as required by Federal Regulations [42 CFR 440.110 (c) (2) (i)], or shall have completed one (1) of the following:

a. The equivalent educational requirements (Doctoral or Master’s level degree in speech-language pathology) and work experience necessary for the certificate of clinical competence from the American Speech-Language-Hearing Association (ASHA), as required by Federal Regulations [42 CFR 440.110 (c) (2) (ii)], or.

b. The academic program and is acquiring supervised work experience to qualify for the certificate of clinical competence from ASHA, as required by Federal Regulations [42 CFR

440.110 (c) (2) (iii)].

2.2 GENERAL REQUIREMENTS

A. Contractor shall provide an adequate number of qualified therapy service providers (hereinafter referred to as “therapists”) to support the needs of ASB.

B. Contractor shall provide therapy services to Pre-Kindergarten, Elementary, Middle, and High School students at ASB. The current student count requiring therapy service provision is approximately 100 students. This count will vary from year-to-year based upon the needs of the students.

C. Contractor shall provide all supplies and equipment necessary to provide adequate therapy services at no additional cost to ASB.

D. All student files must remain the property of ASB to the extent allowable by applicable law.

1. Contractor shall modify contracted therapy service hours or scheduling of therapy services based on changes in enrollment and in students’ therapy needs specified in their Individual Education Plans (IEPs), as deemed necessary by ASB:

a. The level of service provision requirement is based on student enrollment and student needs as outlined in IEPs.

b. There is no guarantee regarding the number of service hours required.

c. Fluctuation of service hours should be expected during the contract period.

2. Therapists shall begin therapy sessions within (60) days from referral as mandated by Federal law.

3. Contractor shall develop weekly therapy schedules, based on IEP team decisions and ASB, for all students.

a. Weekly therapy schedules must be created electronically in Calendar and must include the schedule of services and names of students receiving therapy.

b. Weekly therapy schedules must be submitted via email to the ASB Principal, School Secretaries, and other staff as requested.

4. Contractor shall work primarily within the ASB calendar and hours of operation.

5. Therapists shall be under the supervision and jurisdiction of the school and shall provide services twelve (12) months of each year at the discretion of the ASB.

6. Therapists shall provide therapy services during times outside of the traditional school day as requested by ASB.

a. Examples include summer school break, holidays, nights and weekends, when a child is out of school due to disciplinary action or when a child may be out of school, but the school is still responsible for providing services to the child.

7. Therapists shall provide the names of the students receiving therapy via email to the ASB Principal, School Secretaries, and other staff as requested.

8. Therapists shall perform a majority of the services on-site and in person unless otherwise directed by the ASB administration.

9. Therapists shall provide services at multiple work sites (across the campus of ASB) for the purpose of providing direct therapy interventions for each area of skill development as it relates to student participation and performance with respect to classroom routines and additional assistance as required.

a. ASB will determine the work site location for each child and therapist.

10. Therapists shall adhere to approved curriculum standards in an integrated, collaborative manner, both within the classroom and therapy room environments

11. Therapists shall maintain a daily log of services and hours worked using the ASB mandated or approved system.

12. Therapists shall maintain student files in a manner approved by ASB.

13. Therapists shall attend and participate in all meetings as requested by ASB for the purpose of conveying or gathering information.

a. Examples of meetings include trainings, workshops, seminars, IEP conferences, and team meetings.

14. Therapists shall provide consultations and legal testimony as requested by ASB.

a. The rate of reimbursement for these services will be in alignment with the hourly rate for therapy services.

15. Therapists shall develop adaptations for and implement the use of equipment/assistive technology to encourage student participation in activities, increase development of functional skills, and provide training to and support to staff and parents in order to implement related services recommendations.

16. Therapists shall effectively communicate with students, families, and professional colleagues, using verbal and written communication.

17. Therapists shall consult with teachers, parents, other personnel, and other professionals for the purpose of providing requested information, developing plans for services, making recommendations, and coordinating therapy services with those of other disciplines.

18. Therapists shall establish and maintain appropriate collaborative relationships with parents and educators and shall maintain professional relationships.

19. Therapists shall be fluent in and shall communicate in English, which will be the primary language of choice utilized through communication.

2.3 BACKGROUND CHECKS

A. Prior to the provision of services, the Contractor shall conduct the following background checks and tests for all therapists providing services under a resulting contract prior to the provision of those services:

1. State criminal background check

2. Federal criminal background check

3. Child and adult maltreatment registry record

4. Drug Test

B. At the request of ASB, the Contractor shall conduct one or more of the above tests for a therapist(s) providing services under a resulting contract.

1. Should any of the initial or periodical tests come back with any information that is unacceptable to ASB; ASB may require the therapist immediately be replaced by someone with equal qualifications.

C. Contractor shall bear the cost of all background checks and tests.

2.4 PROGRAM REQUIREMENTS

A. Therapists shall participate in the development of an Individualized Education Program (IEP) in conjunction with other ASB team members.

B. Therapists shall provide ASB students with a therapy program as related to the IEP via direct, indirect, or consultative services.

2.5 ASSESSMENT & EVALUATION

A. Contractor shall conduct formal and informal assessments/evaluations to identify the student’s disabilities as it relates to the school environment at initial referral, as required by the IEP, and at the discretion of ASB.

1. Evaluations must be performed within (30) days of request being received by the ASB.

B. Contractor shall conduct evaluative assessments to determine student needs and develop goals, objectives, and classroom accommodations/modifications based on those areas of need.

C. Contractor shall perform an evaluation of the student within thirty (30) days of the student being referred for services.

2.6 GOALS & PROSPECTIVE PRACTICES

A. Therapists shall develop strategies and methods to implement short- and long-term goals.

1. Goals are identified in the student’s IEP based on best practices and outcome-based measures.

2. Contractor shall monitor IEP goals through data collection and regular progress monitoring.

B. Therapists shall develop treatment plans, interventions and/or educational materials based on IEP goals for the purpose of remediating students’ skill deficits and ensuring compliance with regulatory requirements.

C. Therapists shall evaluate and update the plan of care based on the status of the student through the use of observation, assessments, and guided by regulations.

D. The Therapists shall collaborate with members of in-school teams to plan and implement appropriate services for students.

E. Therapists shall collaborate with groups and/or individuals (e.g. parents, teachers, physicians, administration, team members, other professionals) for the purpose of:

1. Educational planning/programming.

2. Communicating information.

3. Resolving issues.

4. Providing services in compliance with established guidelines

2.7 CERTIFICATION AND LICENSURE AND BACKGROUND

A. Contractor and therapists shall be in good standing with applicable Licensure Board in the State of

Arkansas.

B. Contractor and therapists shall maintain relevant certifications and licensures to continue to provide therapy services to ASB throughout the aggregate term of the resulting contract.

C. Contractor and therapists shall pass ASB’s background check.

D. Contractor and therapists shall have no legal actions being taken against them at the time of award and throughout the term of the contract.

E. Contractor shall notify ASB of any legal actions against any therapist, under this contract, within five

(5) business days of known action.

F. ASB has the right to require immediate replacement of any therapist found to have legal actions against their license.

G. Contractor shall replace the therapist with a therapist of equal qualifications.

2.8 EMPLOYEE REQUIREMENTS

A. Therapists shall be able to:

1. Lift at least fifty (50) pounds.

2. Work in various positions, including on/off the floor.

3. Work in a team environment.

B. Therapists shall wear a photo ID badge while on the ASB campus.

1. The badge is subject to approval by ASB and is at the expense of the Contractor.

C. Should, at any point during the contract term, ASB implement a photo ID system, the Contractor and therapists shall utilize the ASB issued photo ID badge.

D. If a therapist is out for any reason, such as illness or vacation, the therapist shall reschedule or provide compensatory services at a later date.

E. Contractor shall give at least three (3) days prior notice of planned absences for therapists and provide information regarding coverage.

F. Contractor and therapists shall adhere to the same personnel policies and employee standards of conduct as full-time ASB employees. Personnel policies and the standards of conduct can be found on the ASB website (http://www.arkansasschoolfortheblind.org) or can be provided by the ASB Administration.

G. Therapists shall sign in and out of school at the Administration Building front office unless otherwise specified.

2.9 ADMINISTRATION DUTIES

A. Contractor shall be flexible with deadlines due to the sporadic and time sensitive nature of the population. ASB reserves the right to create or change a deadline.

B. Contractor shall submit annual progress reports according to IEP, Medicaid, and ASB requirements.

C. Contractor shall refer students for additional services as needed.

D. Contractor shall accept and perform other duties as assigned within the framework of Therapy, which may include those required by the ASB Special Education Supervisor or Designee.

E. Contractor shall provide information regarding therapy services as requested by ASB and shall follow directives from ASB.

F. Contractor and therapists shall maintain confidentiality as required by relevant federal and state laws, rules, and standards and in accordance with ASB policies, including without limitation confidentiality surrounding:

1. Education records

2. Medical records

3. And/or any other material considered confidential by ASB and/or State or Federal affiliates

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.

http://www.arkansasschoolfortheblind.org/

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.

G. Non-compliance to resulting contract requirements may result in a below standard vendor Performance Report (VPR).

TABLE A: PERFORMANCE STANDARDS

Criteria Standard Damages

Licensure and continuing education

Therapists shall complete continuing education and maintain licensure requirements for 100% of the contract duration.

• A written warning will be issued to the Contractor and a 1% per day damage will be issued up to ten (10) business days for lack of compliance.

• A replacement therapist will be required after ten (10) business days and the replacement shall meet the qualifications specified in the

IFB.

Reporting

Therapists shall provide information and reports in the agreed upon format. ASB has final approval of all content, formats, and required reports.

• 10% reduction of monthly invoice.

Evaluations of students Therapists shall complete the evaluation within thirty (30) days of referral.

• A written warning will be issued to the Contractor and a 1% per day damage will be issued up to ten (10) business days for lack of compliance.

• A replacement therapist will be required after ten (10) business days and the replacement shall meet the qualifications specified in the

IFB.

Therapy services Therapists shall begin therapy services within sixty

(60) days of the referral.

• A written warning will be issued to the Contractor and a 1% per day damage will be issued up to ten (10) business days for lack of compliance.

• A replacement therapist will be required after ten (10) business days and the replacement shall meet the qualifications specified in the

IFB.

Annual progress reports Therapists shall provide annual progress reports, by

• A written warning will be issued to the Contractor and a 1% per day damage will be the ASB designated due date, to the IEP Team.

issued up to ten (10) business days for lack of compliance.

• A replacement therapist will be required after ten (10) business days and the replacement shall meet the qualifications specified in the

IFB.

Arkansas standing and status

Therapists shall maintain good standing status with the applicable state of Arkansas Licensing Board for their professional field, with no founded complaints for 100% of the contract duration.

• A written warning will be issued to the Contractor and a 1% per day damage will be issued up to ten (10) business days for lack of compliance.

• A replacement therapist will be required after ten (10) business days and the replacement shall meet the qualifications specified in the

IFB.

Delivers, evaluates and adjusts the therapy intervention

Special Education supervisor will perform random observations to ensure the Contractor follows the IEP and MD instructions.

• A written warning will be issued to the Contractor and a 1% per day damage will be issued up to ten (10) business days for lack of compliance.

• A replacement therapist will be required after ten (10) business days and the replacement shall meet the qualifications specified in the

IFB.

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).

B. Bids submitted by Prospective Contractors determined to be non-responsible will be rejected.

C. A single Prospective Contractor must be identified as the prime contractor.

D. By submitting a bid, the Prospective Contractor represents and warrants:

1. The prices in the bid have been arrived at independently, without any collusion with another competing Prospective Contractor. 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. 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.

E. 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. The Contractor agrees to provide the necessary banking information, including account number, routing number, and any other details required to facilitate ACH direct deposits. The Contractor is 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. 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 § 19-11-105).

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).

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

1. The Contractor should invoice the agency by an itemized list of charges. The Department’s purchase order number and/or the contract number should be referenced on each invoice.

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

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

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

G. This IFB incorporates all terms of the Services Contract (SRV-1) Fillable Form (found here).

1. The contract template is attached to the Solicitation in ARBuy as a sample for your information only.

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

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

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

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

3.3. TECHNOLOGY ACCESS

A. When procuring a technology product or when soliciting the development of such a product, the State of Arkansas is required to comply with the provisions of Arkansas Code Annotated § 25-26-201 et seq., as amended by Act 308 of 2013, which expresses the policy of the State to provide individuals who are blind or visually impaired with access to information technology purchased in whole or in part with state funds. The Contractor expressly acknowledges and agrees that state funds may not be expended in connection with the purchase of information technology unless that technology meets the statutory Requirements found in 36 C.F.R. § 1194.21, as it existed on January 1, 2019 (software applications and operating ICSs) and 36 C.F.R. § 1194.22, as it existed on January 1, 2019 (web-based intranet and internet information and applications), in accordance with the State of Arkansas technology policy standards relating to accessibility by persons with visual impairments.

B. Accordingly, the Contractor expressly represents and warrants to the State of Arkansas through the procurement process by submission of a Voluntary Product Accessibility Template (VPAT) for 36 C.F.R. § 1194.21, as it existed on January 1, 2019 (software applications and operating ICSs) and 36 C.F.R. § 1194.22, that the technology provided to the State for purchase is capable, either by virtue of features included within the technology, or because it is readily adaptable by use with other technology, of:

1. Providing, to the extent required by Arkansas Code Annotated § 25-26-201 et seq., as amended by Act 308 of 2013, equivalent access for effective use by both visual and non-visual means.

2. Presenting information, including prompts used for interactive communications, in formats intended for non-visual use.

3. After being made accessible, integrating into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired.

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

4. Providing effective, interactive control and use of the technology, including without limitation the operating system, software applications, and format of the data presented is readily achievable by nonvisual means.

5. Being compatible with information technology used by other individuals with whom the blind or visually impaired individuals interact.

6. Integrating into networks used to share communications among employees, program participants, and the public.

7. Providing the capability of equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired.

C. State agencies cannot claim a product as a whole is not reasonably available because no product in the marketplace meets all the standards. Agencies must evaluate products to determine which product best meets the standards. If an agency purchases a product that does not best meet the standards, the agency must provide written documentation supporting the selection of a different product, including any required reasonable accommodations.

D. For purposes of this section, the phrase “equivalent access” means a substantially similar ability to communicate with, or make use of, the technology, either directly, by features incorporated within the technology, or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans with Disabilities Act or similar state and federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands or other means of navigating graphical displays, and customizable display appearance. As provided in Arkansas Code Annotated § 25-26-201 et seq., as amended by Act 308 of 2013, if equivalent access is not reasonably available, then individuals who are blind or visually impaired shall be provided a reasonable accommodation as defined in 42 U.S.C.

§ 12111(9), as it existed on January 1, 2019.

E. If the information manipulated or presented by the product is inherently visual in nature, so that its meaning cannot be conveyed non-visually, these specifications do not prohibit the purchase or use of an information technology product that does not meet these standards.

F. The proposed commodities, services, or both must comply with the State’s shared Technical Architecture Program which is a set of policies and standards that can found here. Only those standards that are fully promulgated or have been approved by the Governor’s Office apply to the solution.

3.4. 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.

3.5. 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.).

https://www.transform.ar.gov/information-systems/policies-standards/

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.