American Rescue Plan Act Supplement - Prevention Network Expansion and Enhancement Grant

University of Arkansas at Little Rock Procurement Services University Services Building C100 2801 South University Little Rock, Arkansas 72204 REQUEST FOR PROPOSAL SOLICITATION INFORMATION Solicitation Number: FB-23-003 Solicitation Issued: August 8, 2022 Description: American Rescue Plan Act Supplement - Prevention Network Expansion and Enhancement Grant SUBMISSION DEADLINE FOR RESPONSE Bid Opening Date: August 19, 2022 Bid Opening Time: 2:00 p.m., CST Bid submissions shall not be accepted after the designated bid opening date and time. In accordance with Arkansas Procurement Law and Rules, it is the responsibility of suppliers to submit bids at the designated location on or before the bid opening date and time. Bids received after the designated bid opening date and time shall be considered late and shall be returned to the vendor without further review. It is not necessary to return "no bids”. DELIVERY OF RESPONSE DOCUMENTS Delivery Address: University of Arkansas at Little Rock

Procurement Services - University Services Building C100 2801 South University Little Rock, AR 72204 Suppliers are responsible for delivery of their bid documents to the University of Arkansas at Little Rock prior to the scheduled time for bid opening. Delivery providers, USPS, UPS, and FedEx deliver mail to our street address on a schedule determined by each individual provider. These providers will deliver to our offices based solely on our street address. Supplier assumes all risk for timely, properly submitted deliveries. Bid’s Outer Packaging: Seal outer packaging and properly mark with the following information. If outer packaging of proposal submission is not properly marked, the package may be opened for proposal identification purposes. ● Solicitation number ● Date and time of bid opening ● Prospective Supplier's name and return address UA LITTLE ROCK CONTACT INFORMATION Buyer: Tierra Hutley Buyer’s Direct Phone Number: 501-916-5279 Email Address: tmhutley@ualr.edu Main Number: 501-916-3144 mailto:tmhutley@ualr.edu UNIVERSITY OF ARKANSAS AT LITTLE ROCK REQUEST FOR PROPOSAL RFP NO: FB-23-003 Page 2 of 24 SECTION 1 - GENERAL INSTRUCTIONS AND INFORMATION ● Do not provide responses to items in this section unless specifically and expressly required 1.1 PURPOSE This Request for Proposals (RFP) is issued by the University of Arkansas at Little Rock MidSOUTH Center for Prevention and Training (MidSOUTH) to qualified vendor(s) to provide a statewide Faith Based Anti-Stigma ATOD (Alcohol, Tobacco and Other Drugs) prevention campaign to include training/prevention education and unified messaging to Arkansas communities while meeting all the requirements set forth by the American Request Plan Act Supplement Grant and the Arkansas Department of Human Services - Division of Aging, Adult, and Behavioral Health Services (DAABHS) Rules of Practice and Procedure (see Appendix 1) within designated regions for the entire State of Arkansas. The American Rescue Plan Act Supplement for Prevention Network Expansion and Enhancement grants are supplemental funds from the Substance Abuse Block Grant. These funds are awarded to the state of Arkansas and require specific prevention activities. These activities are delivered by a statewide infrastructure of training and technical assistance that researches current data trends and develops prevention strategies that reach out to statewide communities to prevent alcohol, tobacco, and other drug use (ATOD). This supplemental funding will rely upon that same network to focus work on a new strategic priority for the state: developing a statewide Faith Based Anti-Stigma ATOD prevention campaign. Prior to the American Rescue Plan Act Supplement Grant, Arkansas did not have a science-informed interventions focused on Alcohol, Tobacco and Other Drugs (ATOD) in the faith-based community. With this grant, Arkansas is extending ATOD prevention programming statewide, applying the evidence-based Strategic Prevention Framework strategies (see Appendix 3). 1.2 POINT OF CONTACT The issuing officer is the sole point of contact in the selection process. Vendor questions regarding bid related matters should be made through the buyer. For question submission procedures see section 1.9 Clarification of RFP and Questions. 1.3 TYPE OF CONTRACT A. As a result of this RFP, UA Little Rock intends to award a contract to multiple Suppliers. B. The anticipated starting date for any resulting contract is October 1, 2022, except that the actual contract start date may be adjusted unilaterally by the University for up to three calendar months. By submitting a signed proposal in response to the RFP, the Prospective Supplier represents and warrants that it will honor its proposal as being held open as irrevocable for this period. C. The initial term of a resulting contract will be awarded thru September 30, 2023. Upon mutual agreement by the Supplier and university, the contract may be renewed by UA Little Rock for up to three (3) additional one- year terms or portions thereof, not to exceed a total aggregate contract term of four (4) consecutive years. 1.4 SCHEDULE OF EVENTS ID Event Description Date 1 Release of RFP August 8, 2022 2 Non Mandatory Pre-Bid Meeting August 11, 2022 9am Google Meet joining info Video call link: https://meet.google.com/qsx-pjip- fuo Or dial: (US) +1 650-761-2781 PIN: 442 589 680# UNIVERSITY OF ARKANSAS AT LITTLE ROCK REQUEST FOR PROPOSAL RFP NO: FB-23-003 Page 3 of 24 3 Questions from Bidders due August 11, 2022@ 4pm 4 Answers to questions posted* August 12, 2022 @ 4pm 5 Bid Deadline/ Bid Opening August 19, 2022 @ 2pm 7 Evaluation complete* August 2022 8 Award Commences* October 2022 *Anticipated Dates. All IT procurements will be compliant with all state laws and appropriate Legislative Review including Act 557 (see: http://www.arkleg.state.ar.us/assembly/2015/2015R/Acts/Act557.pdf ) 1.5 DEFINITION OF TERMS A. Unless otherwise defined herein, all terms defined in Arkansas Procurement Law and used herein have the same definitions herein as specified therein. B. The buyer has made every effort to use industry-accepted terminology in this Bid Solicitation and will attempt to further clarify any point of an item in question as indicated in Clarification of Bid Solicitation. C. “Prospective Supplier” means a responsible offeror or respondent who submits a proposal in response to this solicitation. D. The terms “Request for Proposal”, “RFP,” “RFP Solicitation,” and “Solicitation” are used synonymously in this document. E. “Responsive proposal” means a proposal submitted in response to this solicitation that conforms in all material respects to this RFP. F. “Proposal Submission Requirement” means a task a Prospective Supplier shall complete when submitting a proposal response. These requirements will be distinguished by using the term “shall” or “must” in the requirement. G. “Requirement” means a specification that a Supplier’s commodity and/or service must meet or exceed in the performance of its contractual duties under any contract awarded as a result of this RFP. These specifications will be distinguished by using the terms “shall” or “must” in the requirement. H. “University” means the University of Arkansas at Little Rock. When the term “University” is used herein to reference any obligation of the University under a contract that results from this solicitation, that obligation is limited to the University using such a contract. I. Exceptions taken to any Requirement in this Bid Solicitation, whether submitted in the vendor’s bid or in subsequent correspondence, shall cause the vendor’s bid to be disqualified. J. Suppliers may request exceptions to NON-mandatory items. Any such request must be declared on the bid submission. Supplier must clearly explain the requested exception and should reference the specific solicitation item number to which the exception applies. K. “Prospective Supplier”, “Supplier”, and “Bidder” means a person who sells or contracts to sell commodities and/or services. L. “University of Arkansas at Little Rock”, “UA Little Rock”, “campus”, and “university” are used synonymously in this document. M. “Business Day” means Monday through Friday, 8:00 AM to 4:30 PM Central Time, excluding State Holidays N. “State Holiday” means the following days during the year when State Offices are closed: • Christmas Day • Christmas Eve • Dr. Martin Luther King Jr.’s Birthday • George Washington’s Birthday and Daisy Gatson Bates Day • Independence Day • Labor Day • Memorial Day • New Year’s Day • Thanksgiving Day • Veteran’s Day http://www.arkleg.state.ar.us/assembly/2015/2015R/Acts/Act557.pdf UNIVERSITY OF ARKANSAS AT LITTLE ROCK REQUEST FOR PROPOSAL RFP NO: FB-23-003 Page 4 of 24 Also, any day otherwise designated by public proclamation by the President of the United States, or the Governor of the State of Arkansas as a legal holiday is a State Holiday. If any State Holiday falls on a Saturday, Saturday and the preceding Friday are both State Holidays. If any State Holiday falls on a Sunday, Sunday and the following Monday are both State Holidays. 1.6 CLARIFICATION OF RFP SOLICITATION A. Submit any questions requesting clarification of information contained in this RFP Solicitation in writing via email by the date and time listed in Section 1.4, Table A to the buyer as shown on page one (1) of this RFP Solicitation. 1. For each question submitted, Prospective Supplier should reference the specific solicitation item number to which the question refers. 2. Prospective Suppliers’ written questions will be consolidated and responded to by the University as deemed appropriate. The University’s consolidated written response is anticipated to be posted to the University’s website by the close of business on the date provided in Section 1.4, Table A. If Prospective Supplier questions are unclear or non-substantive in nature, the University may request clarification of a question(s) or decline to answer. B. The Prospective Supplier should notify the buyer of any term, condition, etc., that precludes the Prospective Supplier from submitting a compliant, responsive proposal. Prospective Suppliers should note that it is the responsibility of the Prospective Supplier to seek resolution of all such issues, including those relating to the terms and conditions of the contract, prior to the submission of a proposal. C. Prospective Suppliers may contact the buyer with non-substantive questions at any time prior to the proposal opening. D. An oral statement by UA Little Rock will not be part of any contract resulting from this solicitation and may not reasonably be relied on by any Prospective Supplier as an aid to interpretation unless it is reduced to writing and expressly adopted by UA Little Rock. 1.7 RESPONSE DOCUMENTS A. Original Technical Proposal Packet 1. The original Technical Proposal Packet must be received on or before the bid opening date and time. 2. The Proposal Packet should be clearly marked “Original” and must include the following: a. Original signed Proposal Signature Page. (See Proposal Signature Page.) b. Original signed Agreement and Compliance Pages. (See Agreement and Compliance Pages.) c. Original signed Proposed Subcontractors Form, if applicable. (See Subcontractors.) d. Technical Proposal response to the Information for Evaluation section included in the Technical Proposal Packet. e. Other documents and/or information as may be expressly required in this Bid Solicitation. 3. The following items should be submitted in the original Technical Proposal Packet. a. EO 98-04 Disclosure Form. b. Copy of Supplier’s Equal Opportunity Policy. (See Equal Opportunity Policy.) 4. DO NOT include any other documents or ancillary information, such as a cover letter or promotional/marketing information. B. Pricing is requested for this solicitation and must be submitted separately with the response. (See Pricing.) C. Additional Copies and Redacted Copy of the Technical Proposal Packet In addition to the original Technical Proposal Packet and the Official Bid Price Sheet, the following items should be submitted: 1. Additional Copies of the Technical Proposal Packet a. Three (3) complete hard copies (marked "COPY") of the Technical Proposal Packet. b. One (1) electronic copies of the Technical Proposal Packet, on flash drives, preferably in PDF. c. All additional hard copies and electronic copies must be identical to the original hard copy. In case of a discrepancy, the original hard copy shall govern. d. If the University requests additional copies of the proposal, the copies must be delivered within twenty-four (24) hours of request. UNIVERSITY OF ARKANSAS AT LITTLE ROCK REQUEST FOR PROPOSAL RFP NO: FB-23-003 Page 5 of 24 2. One (1) redacted (marked “REDACTED”) copy the original Technical Proposal Packet, on a flash drive. (See Proprietary Information.) 1.8 ACCEPTANCE REQUIREMENTS A. Unless a Prospective Supplier expressly and conspicuously identifies any exception or exceptions to any of the Requirements in the Specifications Section(s) of this RFP by listing them on the Exceptions Form (See Technical Proposal Packet), Prospective Supplier understands its submission of a proposal to represent that its proposal meets all such Requirements. B. A Prospective Supplier’s proposal may be rejected if a Prospective Supplier takes exception to any Requirements in the Specifications Section(s) of this RFP. 1.9 ADDITIONAL TERMS AND CONDITIONS A. Any special terms and conditions included in this solicitation shall override the Solicitation Terms and Conditions located on the UA Little Rock Procurement Services website. 1.10 PRIME SUPPLIER RESPONSIBILITY A. Single and joint Supplier proposals and multiple proposals by Suppliers are acceptable. However, a single Supplier must be identified as the prime contractor in each proposal. The prime contractor will be responsible for the contract and will be the sole point of contact with regard to the software and services described herein. B. The Supplier shall not assign the contract in whole or in part or any payment arising there from without the prior written consent of UA Little Rock. C. The Supplier shall give UA Little Rock immediate notice, in writing, by certified mail of any action which, in the opinion of the Supplier, may result in litigation related in any way to the contract or UA Little Rock. 1.11 UNIVERSITY CONTRACT ADMINISTRATOR: A. The UA Little Rock Contract Administrator will serve as the university’s representative and administrator of this contract. B. The Contract Administrator shall manage all aspects of the contractual relationship to ensure that the Supplier's total performance is in accordance with the contractual commitments and that the obligations of the Supplier under the terms and conditions of the contract are being fulfilled. C. The Contract Administrator shall work with the Supplier throughout the term of the contract. All instructions, questions, approvals, and special requests in connection with the contract shall be transmitted through the Contract Administrator. Other University personnel may be designated by the Contract Administrator to assist with the administration of the contract. 1.12 PIGGYBACK CLAUSE Pursuant to Ark. Code Ann. § 19-11-249, any state public procurement unit or campus, unit or division of the University of Arkansas System will be eligible to acquire from the successful purchaser or bidder goods or services that are the subject of this procurement, on all of the terms and conditions contained in any contract issued under this solicitation. 1.13 INDEPENDENT PRICE DETERMINATION A. By submission of this proposal, the Supplier certifies, and in the case of a joint proposal, each party thereto certifies as to its own organization, that in connection with this proposal: ● The prices in the proposal have been arrived at independently, without collusion. ● No prior information concerning these prices has been received from, or given to, a competitive company. B. Evidence of collusion shall warrant consideration of this proposal by the Office of the Attorney General. All Suppliers shall understand that this paragraph may be used as a basis for litigation. 1.14 PROPRIETARY INFORMATION A. UA Little Rock will rely on a Freedom of Information Act (FOIA) exemption to withhold all information contained in any submitted bid document to the Owner until the notice of intent to award has been completed. http://ualr.edu/procurement/home/bids/ UNIVERSITY OF ARKANSAS AT LITTLE ROCK REQUEST FOR PROPOSAL RFP NO: FB-23-003 Page 6 of 24 B. UA Little Rock will also rely on an FOIA exemption to withhold the certified bid tabulation until after the notice of intent to award has been completed. After that time and pursuant to Arkansas statute, bid information will be available for public review upon FOIA request. C. All Bidders are hereby advised that any information that they may consider to be confidential or proprietary and would give a competitive advantage if disclosed, should be identified, along with a statement as to whether or not a claim of confidential or proprietary privilege is being asserted. If such information is later sought by a FOIA request, the Bidder will be allowed to justify its claim of privilege and UA Little Rock will assess the validity of said claim in advance of any release. 1.15 CAUTION TO SUPPLIERS A. Prior to any contract award, all communication concerning this Bid Solicitation must be addressed through the buyer. B. Suppliers must not alter any language in any solicitation document provided by the University. C. Suppliers must not alter the Official Bid Price Sheet. D. All official documents and correspondence related to this solicitation shall be included as part of the resultant contract. E. Proposals must be submitted only in English language. F. The University shall have the right to award or not award a contract, if it is in the best interest of the University to do so. G. Suppliers must provide clarification of any information in their response documents as requested by the buyer. H. Qualifications and proposed goods or services must meet or exceed the required specifications as set forth in this Bid Solicitation. I. Suppliers may submit multiple proposals. 1.16 REQUIREMENT OF ADDENDUM A. This Bid Solicitation shall be modified only by an addendum written and authorized by the University. B. An addendum posted within three (3) calendar days prior to the bid opening shall extend the bid opening and may or may not include changes to the Bid Solicitation. C. Only written addenda are part of the bid packet and should be considered. 1.17 AWARD PROCESS A. Contracts and purchases will be made or entered into with the lowest responsible bidder meeting specifications. B. The Grand Total Score for each Prospective Contractor, which is the sum of the Technical Score and Cost Score, will be used to determine the ranking of proposals. UA Little Rock may move forward to negotiations with those responsible Prospective Contractors determined, based on the ranking of the proposals, to be reasonably susceptible of being selected for award. C. A written purchase order or contract award mailed, or otherwise furnished, to the successful bidder within the time of acceptance specified in the solicitation results in a binding contract without further action by either party. The contract shall not be assignable by the vendor in whole or part without the written consent of the University. 1.18 MINORITY BUSINESS POLICY A. Minority is defined by Arkansas Code Annotated § 15-4-303 as a lawful permanent resident of this State who is: ● African American ● American Indian ● Asian American ● Hispanic American ● Pacific Islander American ● A Service Disabled Veterans as designated by the United States Department of Veteran Affairs ● Women- Owned Businesses B. The Arkansas Economic Development Commission conducts a certification process for minority businesses and disabled veterans. The Supplier’s Certification Number should be included on the Supplier’s Proposal Signature Page. 1.19 EQUAL OPPORTUNITY POLICY A. In compliance with Arkansas Code Annotated § 19-11-104, the University is required to have a copy of the Supplier’s Equal Opportunity (EO) Policy prior to issuing a contract award. UNIVERSITY OF ARKANSAS AT LITTLE ROCK REQUEST FOR PROPOSAL RFP NO: FB-23-003 Page 7 of 24 B. EO Policies may be submitted in electronic format to the buyer, but should also be included as a hardcopy accompanying the solicitation response. C. Suppliers, who are not required by law by to have an EO Policy, must submit a written statement to that effect. 1.20 PROHIBITION OF EMPLOYMENT OF ILLEGAL IMMIGRANTS Pursuant to Arkansas Code Annotated § 19-11-105, prior to the award of a contract, selected Supplier(s) must certify on the Office of State Procurement’s website, in the following link DFA Illegal Immigrant Contractor Disclosure Certification, stating that they do not employ or contract with illegal immigrants. 1.21 PAST PERFORMANCE In accordance with provisions of State Procurement Law, specifically OSP Rule R5:19-11-230(b)(1), a Prospective Contractor's past performance with the State may be used to determine if the Prospective Contractor is “responsible.” Responses submitted by Prospective Contractors determined to be non-responsible will be rejected. 1.22 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 Supplier 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, 2013 (software applications and operating ICSs) and 36 C.F.R. § 1194.22, as it existed on January 1, 2013 (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 Supplier 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, 2013 (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 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 non-visual 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 non-visual 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 https://www.ark.org/dfa/immigrant/index.php/user/welcome https://www.ark.org/dfa/immigrant/index.php/user/welcome UNIVERSITY OF ARKANSAS AT LITTLE ROCK REQUEST FOR PROPOSAL RFP NO: FB-23-003 Page 8 of 24 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, 2013. 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. 1.23 PUBLICITY Supplier agrees that it shall not publicize this agreement or disclose, confirm or deny any details thereof, to third parties or use any photographs or video recordings of the University name in connection with any sales promotion or publicity event without the prior express written approval of the University. 1.24 RESERVATION This solicitation does not commit UA Little Rock to award a contract, to pay costs incurred in the preparation of a proposal in response to this request, or to procure or contract for commodities or services. UNIVERSITY OF ARKANSAS AT LITTLE ROCK REQUEST FOR PROPOSAL RFP NO: FB-23-003 Page 9 of 24 SECTION 2 – SPECIFICATIONS ● Do not provide responses to items in this section unless specifically and expressly required. 2.1 BACKGROUND AMERICAN RESCUE PLAN ACT SUPPLEMENT – PREVENTION NETWORK EXPANSION AND ENHANCEMENT GRANT The Substance Abuse and Mental Health Services Administration (SAMHSA) is the agency within the U.S. Department of Health and Human Services that leads public health efforts to advance the behavioral health of the nation. SAMHSA’s mission is to reduce the impact of substance abuse and mental illness on America’s communities. SAMHSA’s Strategic Initiatives help provide treatment and services for people with mental health and substance use disorders, support the families of people with mental health and substance use disorders, build strong and supportive communities, prevent costly behavioral health problems, and promote better health for all Americans. Prior to the American Rescue Plan Act Supplement Grant, Arkansas did not have a science-informed prevention interventions focused on ATOD in the faith-based community. With this grant, Arkansas is extending ATOD faith- based programming statewide, applying evidence-based Strategic Prevention Framework planning steps and strategies (see Appendix 3). The Prevention Network Expansion and Enhancement activities are an important step to provide access to substantial numbers of community members, some of whom may not be engaged in prevention activities through other avenues. Faith-based anti-stigma prevention activities may provide a unique opportunity to address the types of stigma that often develop as offshoots of religious beliefs and practices. This new funding will focus more on expanding the capacity of the state and contractors to implement the 6 CSAP Strategies statewide to allow for the dissemination and implementation of a faith-based ATOD Prevention Network (see Appendix 5). This grant is a fundamental step to enhance our focus on ATOD-related issues and promote knowledge/use of evidence-based practices for faith-based communities to effectively overcome the many challenges posed by ATOD in our state. With a toolkit as a foundation, the state can then develop and enhance materials and methods, e.g., by periodically issuing revisions/updates to the toolkit and building training programs in key areas across the prevention/treatment/recovery spectrum with a quality improvement perspective grounded in evidence-based practices. The American Rescue Plan Act Supplement funding stream is designed to help the state address its unique needs related to ATOD prevention efforts in the faith-based community. Funding of the American Rescue Plan Act Supplement will continue to ensure services are provided statewide. The regional prevention efforts must align with the scope of work that is outlined in Section 2.3, as well as the federally approved Arkansas Strategic Prevention Plan (see Appendix 4). Regions Funds for Year One Region 1 Baxter, Benton, Boone, Carroll, Crawford, Franklin, Johnson, Logan, Madison, Marion, Newton, Pope, Scott, Searcy, Sebastian, Van Buren, and Washington Counties $100,000 Region 2 Clay, Cleburne, Craighead, Crittenden, Cross, Fulton, Greene, Independence, Izard, Jackson, Lawrence, Mississippi, Poinsett, Randolph, Sharp, Stone, White, and Woodruff Counties $100,000 UNIVERSITY OF ARKANSAS AT LITTLE ROCK REQUEST FOR PROPOSAL RFP NO: FB-23-003 Page 10 of 24 Region 3 Conway, Faulkner, Grant, Hot Spring, Jefferson, Lonoke, Perry, Pulaski, Saline, and Yell Counties $100,000 Region 4 Calhoun, Clark, Columbia, Dallas, Garland, Hempstead, Howard, Lafayette, Little River, Miller, Montgomery, Nevada, Ouachita, Pike, Polk, Sevier, and Union Counties $100,000 Region 5 Arkansas, Ashley, Bradley, Chicot, Cleveland, Desha, Drew, Lee, Lincoln, Monroe, Phillips, Prairie, and St. Francis Counties $100,000 In the event the funder fails to appropriate monies for any period covered by the term of this contract, this contract may be terminated. UA Little Rock/MidSOUTH reserves the right to cancel this contract, in whole or in part, due to a failure by the contractor to carry out any obligation, term or condition of the contract. UA Little Rock/ MidSOUTH shall issue written notice to the contractor of the intent to cancel the contract for acting or failing to act, as in any terms of the agreement; the supplier shall return all remaining items purchased with grant funds to UA Little Rock/MidSOUTH, including but not limited to software licenses, equipment, warranties, etc. within thirty (30) days of cancellation. Population Served: In the Institute of Medicine’s category prevention is classified as: Universal Universal preventive interventions take the broadest approach, targeting “the general public or a whole population that has not been identified on the basis of individual risk”. Universal prevention interventions might target schools, whole communities, or workplaces. Example: Community policies that promote access to early childhood education, implementation, or enforcement of anti-bullying policies in schools, education for physicians on prescription drug misuse and preventive prescribing practices, social and decision-making skills training for all sixth graders in a particular school system. Two subcategories further define universal interventions: • Universal Indirect provides information to an entire population who has not been identified as at risk of having or developing problems. Interventions include media activities, community policy development, posters, pamphlets, and internet activities. Interventions in this category are commonly referred to as environmental strategies. • Universal Direct interventions target a group within the general public who has not been identified as having an increased risk for behavioral health issues and share a common connection to an identifiable group. Interventions include health education for all students, after school programming, staff training, parenting classes, and community workshops. Selective This category of prevention intervention targets individuals or a population subgroup whose risk of developing mental health or substance abuse disorders is significantly higher than average prior to the diagnosis of the disorder. Selective interventions target biological, psychological, or social risk factors that are more prominent among high-risk groups than among the wider population. UNIVERSITY OF ARKANSAS AT LITTLE ROCK REQUEST FOR PROPOSAL RFP NO: FB-23-003 Page 11 of 24 Examples: Social/emotional skills training for youth in low-income neighborhoods. Prevention education for new immigrant families living in poverty with young children, peer support groups for adults with a history of family mental illness and/or substance abuse. Indicated These prevention interventions target “high-risk individuals who are identified as having minimal but detectable signs or symptoms foreshadowing mental, emotional, or behavioral disorder” prior to the diagnosis of a disorder. Interventions focus on the immediate risk and protective factors present in the environments surrounding individuals (see Appendix 2). Examples: Information and referral for young adults who violate campus or community policies on alcohol and drugs; screening, consultation, and referral for families of older adults admitted to emergency rooms with potential alcohol-related injuries. A program for high school students who are experiencing problem behaviors such as truancy, failing academic grades, juvenile depression, suicidal ideation, and early signs of substance abuse. 2.2 SCOPE OF WORK The goal of the project is to address the types of stigma that often develop as offshoots of religious beliefs and practices. reduce the incidence and prevalence of ATOD in the state as measured by the reduction of hospital admissions/discharges, ATOD-related crime, overdoses, and treatment admissions data. The strategy shall include the training/prevention education and unified messaging. The state will designate five (5) statewide catchment areas dedicated to science-informed prevention and anti-stigma in faith-based prevention and develop one local program per area (5 total) to cover all 75 Arkansas counties. A. Organization of a regional conference in each catchment area to include science-informed prevention and anti- stigma messaging to the faith-based community engaged in prevention and interested in becoming engaged in prevention. Responsibilities include: a. The contractor shall market and promote the regional conference in their catchment area. b. The contractor shall secure a location/online platform appropriate for the regional conference in their catchment area. c. The contractor shall secure catering for the regional conference in their catchment area. d. The contractor shall provide necessary printing for the regional conference in their catchment area. e. The contractor shall purchase all items and services needed for the regional conference in their catchment area. f. The contractor shall schedule all components for the regional conference in their catchment area. g. The contractor shall conduct recruitment for the regional conference in their catchment area. h. The contractor shall garner appropriate vendors for the regional conference in their catchment area. The contractor shall work with the MidSOUTH Center for Prevention and Training to obtain input and approval for all aspects of the regional conference in their catchment area. B. Engagement with key stakeholders in the faith-based community, providing technical assistance, training, education and support. This will include the formation of a regional faith-based prevention subcommittee to be paired with the regional community coalitions. Selected provider will be responsible for identifying appropriate agencies/individuals for membership, per MidSOUTH and DAABHS approval. C. Facilitate communication and collaboration between newly engaged faith-based entities and the region’s existing prevention network, including local coalitions. This will also include the organization of roundtable discussions, workshops, and technical assistance. D. Provide treatment referral via warm handoff in the form of treatment cards (existing treatment cards will be revised to enhance this effort). E. Utilize regional and state logic models and the Strategic Prevention Framework (SPF). F. Cooperate and coordinate, as appropriate, with other components of the state’s Prevention network, e.g. UNIVERSITY OF ARKANSAS AT LITTLE ROCK REQUEST FOR PROPOSAL RFP NO: FB-23-003 Page 12 of 24 Regional Prevention Providers (RPPs), Regional Lead Agencies (RLAs), and community coalitions. G. Empower others to increase prevention efforts targeted to at-risk groups based on needs assessments and other local sources of data. H. Collaborate with the state level contractor, University of Arkansas for Medical Sciences (UAMS), for the State Epidemiological Outcome Workgroup (SEOW) profile, and other state programs as expected. This includes participation in the SEOW meetings, as appropriate. I. Participate in and assist with prevention data collection efforts led by RPPs. J. Make referrals to other resources, as appropriate. K. Promote utilization of evidence-based practices and promising prevention approaches and models based on sound scientific research, and that fit within the Center for Substance Abuse Prevention’s (CSAP) defined prevention strategies that align with regional needs. L. Coordinate with RPPs and RLAs to maintain prevention web page(s) and distribute through social media, flyers, and newsletters. M. Emphasize city and county wide efforts to educate community leaders and elected officials regarding prevention research, needs assessment data specific to the area, and other information to increase community interest in prevention and/or result in policy decisions that promote sound prevention and result in healthier communities. N. Reporting a. The Contractor shall work with the formal evaluator secured by MidSOUTH and the state epidemiological outcomes workgroup to measure regional changes in hospital admissions/discharges, methamphetamine-related crime, overdoses, and treatment admissions data. b. Contractor shall provide a monthly report on or before the 2nd business day of each month to MidSOUTH via REDCap reporting system. O. Contractor shall complete any additional tasks as assigned by MidSOUTH and/or DAABHS. 2.3 PERFORMANCE STANDARDS A. State law requires that all contracts for services include Performance Standards for measuring the overall quality of services provided. Performance Standards identifies expected deliverables, performance measures, or outcomes; and defines the acceptable standards a Supplier must meet in order to avoid assessment of damages. B. The University 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. C. The University shall have the right to modify, add, or delete Performance Standards throughout the term of the contract, should the University determine it is in its best interest to do so. Any changes or additions to performance standards will be made in good faith following acceptable industry standards, and may include the input of the Supplier so as to establish standards that are reasonably achievable. D. All changes made to the Performance Standards shall become an official part of the contract. E. Performance Standards shall continue throughout the term of the contract. F. Acceptable performance shall be determined solely at the discretion of the contracting division. One or more of the following remedies may be imposed for unacceptable performance: 1. UA Little Rock/MidSOUTH will notify the contractor of unacceptable performance and a meeting between UA Little Rock/MidSOUTH and the contractor will take place to discuss and develop an informal plan of change. 2. UA Little Rock/MidSOUTH will notify the contractor in writing of noncompliance of program deliverables and performance indicators. Within ten (10) working days of notification of noncompliance, contractor must submit and implement a corrective action plan that is acceptable to UA Little Rock/MidSOUTH or UNIVERSITY OF ARKANSAS AT LITTLE ROCK REQUEST FOR PROPOSAL RFP NO: FB-23-003 Page 13 of 24 DAABHS then pending submission and implementation of an acceptable corrective action plan, payment may be reduced or withheld as determined by UA Little Rock/MidSOUTH or DAABHS. G. Failure to meet the minimum Performance Standards as specified shall result in the assessment of damages. H. In the event a Performance Standard is not met, the Contractor will have the opportunity to defend or respond to the insufficiency. The University shall have 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 University shall have final determination of the performance acceptability. I. Should any compensation be owed to the University due to the assessment of damages, the Contractor shall follow the direction of the agency regarding the required compensation process. SERVICE CRITERIA ACCEPTABLE RANGE DAMAGES FOR INSUFFICIENT PERFORMANCE Monthly usage reports Due on the second (2nd) of the subsequent month. Failure to meet the standard will result in a negative Vendor Performance Report and may be cause for contract cancellation. Scope of Services Suppliers shall demonstrate a consistent pattern of meeting stated services. Failure to meet the standard will result in a negative Vendor Performance Report and may be cause for contract cancellation. Training and Conferences 85 % effectiveness in relationship to Respondent evaluations May be cause for termination of contract. UNIVERSITY OF ARKANSAS AT LITTLE ROCK REQUEST FOR PROPOSAL RFP NO: FB-23-003 Page 14 of 24 SECTION 3 – SELECTION ● Do not provide responses to items in this section. 3.1 TECHNICAL PROPOSAL SCORE A. UA Little Rock will review each Technical Proposal Packet to verify submission Requirements have been met. Technical Proposals Packets that do not meet submission Requirements shall be disqualified and shall not be evaluated. B. The UA Little Rock Evaluation Committee will evaluate and score qualifying Technical Proposals. Evaluation will be based on Prospective Supplier’s response to the Information for Evaluation section included in the Technical Proposal Packet. 1. Members of the Evaluation Committee will individually review and evaluate proposals and complete an Individual Score Worksheet for each proposal. Quality Rating Quality of Response Description Confidence in Proposed Approach 5 Excellent When considered in relation to the RFP evaluation factor, the response squarely meets the requirement and exhibits outstanding knowledge, creativity, ability or other exceptional characteristics. Extremely good. Very High 4 Good When considered in relation to the RFP evaluation factor, the response squarely meets the requirement and is better than merely acceptable. High 3 Acceptable When considered in relation to the RFP evaluation factor, the response is of acceptable quality. Moderate 2 Marginal When considered in relation to the RFP evaluation factor, the response’s acceptability is doubtful. Low 1 Poor When considered in relation to the RFP evaluation factor, the response is inferior. Very Low 0 Unacceptable When considered in relation to the RFP evaluation factor, the response clearly does not meet the requirement, either because it was left blank or because the response is unresponsive. No Confidence 2. After initial individual evaluations are complete, the Evaluation Committee members will meet to discuss their individual ratings. At this consensus scoring meeting, each member will be afforded an opportunity to discuss his or her rating for each evaluation criteria. 3. After committee members have had an opportunity to discuss their individual scores with the group, the individual committee members will be given the opportunity to change their initial individual scores, if they feel that is appropriate. 4. The final individual scores of the evaluators will be recorded on the Consensus Score Sheets and averaged to determine the group or consensus score for each proposal. 5. Other agencies, consultants, and experts may also examine documents at the discretion of the university. C. The Information for Evaluation section has been divided into sub-sections. UNIVERSITY OF ARKANSAS AT LITTLE ROCK REQUEST FOR PROPOSAL RFP NO: FB-23-003 Page 15 of 24 1. In each sub-section, items/questions have each been assigned a maximum point value of five (5) points. 2. The University has assigned Weighted Percentages to each sub-section according to its significance. The total point value for each subsection is reflected in the table below as the Maximum Raw Score Possible. Information for Evaluation Sub-Sections Maximum Raw Points Possible SubSection’s Weighted Percentage * Maximum Weighted Score Possible E.1 Project Approach 20 40 280 E.2 Experience and Qualifications 15 30 210 E.3 Staffing 15 15 105 E.4 Marketing 10 15 105 Total Technical Score 60 100% 700 *Subsection’s Percentage Weight x Total Weighted Score = Maximum Weighted Score Possible for the subsection. D. The Supplier’s weighted score for each sub-section will be determined using the following formula: (A/B)*C =D A = Actual Raw Points received for subsection in evaluation B = Maximum Raw Points possible for subsection C = Maximum Weighted Score possible for subsection D = Weighted Score received for subsection E. Supplier’s weighted scores for subsections will be added to determine the Total Technical Score for the Proposal. F. Responses that do not receive a minimum weighted 560 of 700 may not move forward in the solicitation process. 3.2 GRAND TOTAL SCORE The Technical Score and Budget will be added together to determine the Grand Total Score for the Supplier. The Supplier with the highest Grand Total Score will be selected as the apparent successful Supplier. (See Award Process.) Maximum Points Possible Technical Proposal 700 Cost 300 Maximum Possible Grand Total Score 1,000 3.3 PROSPECTIVE SUPPLIER’S ACCEPTANCE OF EVALUATION TECHNIQUE The submission of a Technical Proposal Packet signifies the Prospective Supplier’s understanding and agreement that subjective judgments will be made during the evaluation and scoring of the responses. UNIVERSITY OF ARKANSAS AT LITTLE ROCK REQUEST FOR PROPOSAL RFP NO: FB-23-003 Page 16 of 24 SECTION 4 – GENERAL CONTRACTUAL REQUIREMENTS ● Do not provide responses to items in this section. 4.1 PAYMENT AND INVOICE PROVISIONS A. All invoices shall be forwarded to: University of Arkansas at Little Rock ATTN: Accounts Payable 2801 South University Avenue Little Rock, AR 72204 B. Payment will be made in accordance with applicable UA Little Rock accounting procedures upon acceptance by UA Little Rock. C. UA Little Rock may not be invoiced in advance of delivery and acceptance of any service. Payment will be made only after the Contractor has successfully satisfied UA Little Rock as to the services rendered. D. Supplier should invoice UA Little Rock by an itemized list of charges. E. Purchase Order Number should be referenced on each invoice. 4.2 CONTRACT INFORMATION A. The University of Arkansas at Little Rock may not contract with another party: i. For a period of time which continues past the end of a fiscal year unless the contract allows cancellation by the Agency Purchasing Official upon 30 (thirty) days written notice whenever there are no funded appropriations for the contract ii. To pay any penalties or charges for late payment or any penalties or charges which in fact are penalties for any reason iii. To indemnify, defend, or hold harmless any party for any liability and damages iv. Upon default, to pay all sums to become due under a contract v. To pay damages, legal expenses or other costs and expenses of any party vi. To continue a contract once the equipment has been repossessed vii. To conduct litigation in a place other than Pulaski County, Arkansas viii. To agree to any provision of a contract which violates the laws or constitution of the State of Arkansas B. A party wishing to contract with the University of Arkansas at Little Rock should: i. Remove any language from its contract which grants to it any remedies other than: ● The right to possession ● The right to accrued payments ● The right to expenses of de-installation ● The right to expenses of repair to return the equipment to normal working order, normal wear and tear excluded ii. The right to recover only amounts due at the time of repossession and any unamortized nonrecurring costs as allowed by Arkansas law iii. Include in its contract that the laws of the State of Arkansas govern the contract iv. Acknowledge in its contract that contracts become effective when awarded by the Agency Purchasing Official C. The University of Arkansas at Little Rock may contract with another party: To accept the risk of loss of the equipment and pay for any destruction, lost or damage of the equipment while the University has such risk, when the extent of liability for such risk is based upon the purchase price of the equipment at the time of any loss and the contract has required the University to carry insurance for such risk. 4.3 CONDITIONS OF CONTRACT A. The Supplier shall at all times observe and comply with federal and State of Arkansas laws, local laws, ordinances, orders, and regulations existing at the time of, or enacted subsequent to the execution of a resulting contract which in any manner affect the completion of the work. B. The Supplier shall indemnify and hold harmless the University and all its officers, representatives, agents, and employees against any claim or liability arising from or based upon the violation of any such law, ordinance, regulation, order or decree by an employee, representative, or subcontractor of the Supplier. UNIVERSITY OF ARKANSAS AT LITTLE ROCK REQUEST FOR PROPOSAL RFP NO: FB-23-003 Page 17 of 24 4.4 STATEMENT OF LIABILITY A. UA Little Rock will demonstrate reasonable care but shall not be liable in the event of loss, destruction, or theft of Contractor-owned items to be delivered or to be used in the installation of deliverables. B. The Supplier shall be required to retain total liability until the deliverables have been accepted by the “authorized UA Little Rock official.” C. At no time will UA Little Rock be responsible for or accept liability for any Supplier-owned items. 4.5 RECORD RETENTION A. The Supplier shall maintain all pertinent financial and accounting records and evidence pertaining to the contract in accordance with generally accepted principles of accounting and as specified by UA Little Rock policies. Upon request, access will be granted to UA Little Rock, State or Federal Government entities or any of their duly authorized representatives. B. Financial and accounting records shall be made available, upon request, to UA Little Rock designee(s) at any time during the contract period and any extension thereof, and for five (5) years from expiration date and final payment on the contract or extension thereof. C. Other sections of this Bid Solicitation may contain additional Requirements regarding record retention. 4.6 PRICE DECREASE In the event of a price decrease, the University shall be guaranteed full benefit of any savings that may occur during the term of this contract. 4.7 PRICE ESCALATION A. Price increases will be considered at the time of contract renewal. B. The Supplier must provide to the University a written request for the price increase. The request must include supporting documentation demonstrating that the increase in contract price is based on an increase in market price. The University shall have the right to require additional information pertaining to the requested increase. C. Increases shall not be considered to increase profit or margins. D. The University shall have the right to approve or deny the request. 4.8 CONFIDENTIALITY A. The Supplier, Supplier’s subsidiaries, and Supplier’s employees shall be bound to all laws and to all requirements set forth in this Bid Solicitation concerning the confidentiality and secure handling of information of which they may become aware of during the course of providing services under a resulting contract. B. Consistent and/or uncorrected breaches of confidentiality may constitute grounds for cancellation of a resulting contract, and the University shall have the right to cancel the contract on these grounds. C. Previous sections of this Bid Solicitation may contain additional confidentiality requirements. 4.9 TIME OF PERFORMANCE Time is of the essence in the rendering of services hereunder. Supplier agrees to perform all obligations and rendering of services set forth in this RFP. 4.10 DEFAULT A. In the event that the Supplier fails to carry out or comply with any of the terms and conditions of the contract with the University, the University may notify the Supplier of such failure or default in writing and demand that the failure or default be remedied within ten (10) working days; and in the event the Supplier fails to remedy such failure or default within the ten (10) working day period, the University shall have the right to cancel the contract upon thirty (30) days written notice. B. The cancellation of the contract, under any circumstances whatsoever, shall not effect or relieve Supplier from any obligation or liability that may have been incurred or will be incurred pursuant to the contract and such cancellation by the University shall not limit any other right or remedy available to the University by law or in equity. 4.11 INDEMNIFICATION Under Arkansas law, the University of Arkansas at Little Rock may not enter into a covenant or agreement to hold a party harmless or to indemnify a party from prospective damages. However, with respect to loss, expense, damage, liability, claims or demands either at law or in equity for actual or alleged injuries to persons or property arising out of any negligent act or omission by the University and its employees or agents UNIVERSITY OF ARKANSAS AT LITTLE ROCK REQUEST FOR PROPOSAL RFP NO: FB-23-003 Page 18 of 24 in the performance of this Agreement, the University agrees with Seller that: (a) it will cooperate with Seller in the defense of any action or claim brought against Seller seeking the foregoing damages or relief; (b) it will in good faith cooperate with Seller should Seller present any claims of the foregoing nature against University to the Claims Commission of the State of Arkansas; (c) it will not take any action to frustrate or delay the prompt hearing on claims of the foregoing nature by the said Claims Commission and will make reasonable efforts to expedite said hearing; provided, however, the University reserves its right to assert in good faith all claims and defenses available to it in any proceedings in said Claims Commission or other appropriate forum. The obligations of this paragraph shall survive the expiration or termination of this agreement. 4.12 PERMITS AND LICENSES Contractor shall, at their sole expense, procure and keep in effect all necessary permits and licenses required for its performance under this agreement, and shall post or display in a prominent place such permits and/or notices as are required by law. 4.12 TERMINATION A. The agreement may be terminated, without penalty, by the University without cause by giving 30 days written notice of such termination to the seller. B. In no event shall such termination by the University as provided for under this Section give rise to any liability on the part of the University including, but not limited to, claims of Supplier for compensation for anticipated profits, unabsorbed overhead, or on borrowing. The University’s sole obligation hereunder is to pay Supplier for products and/or services ordered and received prior to the date of termination. 4.13 INDEPENDENT Supplier STATUS A. Supplier agrees that its employees and agents have no employer-employee relationship with the University (refer to Contract/Disclosure Form). B. The University shall not be responsible for the Federal Insurance Contribution Act (FICA) payments, federal or state unemployment taxes, income tax withholding, Workers Compensation Insurance payments, or any other insurance payments, nor will the University furnish any medical or retirement benefits or any paid vacation or sick leave. 4.14 RIGHT TO AUDIT A. At any time during the term of the agreement and for a period of four (4) years thereafter the University’s audit representative, at its expense and at reasonable times, reserves the right to incrementally audit Supplier’s records and manufacturer’s pricing relevant to all pricing provided under this agreement. B. In the event such an audit by the University reveals any errors/overpayments, the Supplier shall refund the University the full amount of such overpayments within thirty (30) days of such audit findings, or the University at its option, reserves the right to deduct such amounts plus interest owed the University from any payments due Seller. 4.15 ACCEPTANCE OF PRODUCTS AND SERVICES A. All services performed under this agreement shall be to the satisfaction of the University and in accordance with the specifications, terms, and conditions of the agreement. B. The University reserves the right to inspect the services performed, and to determine the quality, acceptability, and fitness of such services. 4.16 NON-DISCLOSURE A. Supplier and the University acknowledge that they or their employees may, in the performance of the resultant contract, come into the possession of proprietary or confidential information owned by or in the possession of the other. B. Neither party shall use any such information for its own benefit or make such information available to any person, Bidder, corporation, or other organizations, whether directly or indirectly affiliated with Supplier or the University, unless required by law. UNIVERSITY OF ARKANSAS AT LITTLE ROCK REQUEST FOR PROPOSAL RFP NO: FB-23-003 Page 19 of 24 4.18 NON-WAIVER OF DEFAULTS Any failure of the University at any time to enforce or require the strict keeping and performance of any of the terms and conditions of this agreement shall not constitute a waiver of such terms, conditions, or rights, and shall not affect or impair same, or the right of the University at any time to avail itself of same. 4.19 CANCELLATION A. Any contract or item award may be canceled for cause by either party by giving 30 days written notice of intent to cancel. B. Cause for the University to cancel shall include, but is not limited to, cost exceeding current market prices for comparable purchases; request for increase in prices during the period of the contract; or failure to perform to contract conditions. C. The contractor will be required to honor all purchase orders that were prepared and dated prior to the date of expiration or cancellation if received by the contractor within period of 30 days following the date of expiration or cancellation. D. Cancellation by the University does not relieve the Contractor of any liability arising out of a default or nonperformance. E. Cause for the Supplier to cancel shall include, but is not limited to the item(s) being discontinued and unavailable from the manufacturer. 4.20 SEVERABILITY If one or more provisions of the resultant agreement, or the application of any provision to any party or circumstance is held invalid, unenforceable, or illegal in any respect, the remainder of the agreement and the application of the provision to other parties or circumstances shall remain valid and in full force and effect. 4.21 CONDITIONS OF CONTRACT The successful Supplier shall at all times observe and comply with federal and State laws, local laws, ordinances, orders, and regulations existing at the time of or enacted subsequent to the execution of this contract which in any manner affect the completion of the work. 4.22 AWARD RESPONSIBILITY The University of Arkansas at Little Rock will be responsible for award of any resulting contract. UA Little Rock shall be responsible for the administration of any resulting contract. 4.23 NEGOTIATIONS As provided in this solicitation and under regulations, discussions may be conducted with responsible Supplier(s) who submit proposals determined to be reasonably susceptible of being selected for award for the purpose of obtaining clarification of proposal response and negotiation for best and final offers. 4.24 GOVERNING LAW This agreement shall be construed and governed by the laws of the State of Arkansas. UNIVERSITY OF ARKANSAS AT LITTLE ROCK REQUEST FOR PROPOSAL RFP NO: FB-23-003 Page 20 of 24 SECTION 5 – STANDARD TERMS AND CONDITIONS ● Do not provide responses to items in this section. 5.1 PREPARATION OF PROPOSALS A. Failure to examine any drawings, specifications, and instructions will be at bidder’s risk. B. All prices and notations must be printed in ink or typewritten. No erasures permitted. Errors may be crossed out and corrections printed in ink or typewritten adjacent, and must be initialed in ink by person signing bid. C. Brand Name References: Unless specified “No Substitute” any catalog brand name or manufacturer’s reference used in the proposal request is descriptive only, not restrictive, and used to indicate the type and quality desired. If bidding on other than referenced specifications, the bid must show the manufacturer, brand or trade name, and other descriptions, and should include the manufacturer’s illustrations and complete descriptions of the product offered. The University reserves the right to determine whether a substitute offered is equivalent to and meets the standards of the item specified, and the University may require the bidder to supply additional descriptive material, samples, or demonstrators. The bidder guarantees that the product offered will meet or exceed the referenced product and/or specifications identified in this proposal request. If the bidder takes no exception to the specifications, bidder will be required to furnish the product exactly as specified in the request. D. Samples: Samples or demonstrators, when requested, must be furnished free of expense to the University. Samples not destroyed during reasonable examination will become property of the University unless bidder states otherwise. All demonstrators will be returned after reasonable examination. Each sample should be marked with the bidder’s name and address, bid number and item number. E. Time of Performance: The number of calendar days in which delivery will be made after receipt of order shall be stated in the bid. 5.2 SUBMISSION OF PROPOSALS Bids, modifications or corrections thereof received after the closing time specified will not be considered. 5.3 ACCEPTANCE OF PROPOSALS A. The University reserves the right to accept or reject all or any part of a proposals or any and all proposals, to waive any informality, and to award the proposals to best serve the interest of the University. B. If a bidder fails to state the time within which a proposals must be accepted, it is understood and agreed that the University shall have 120 days to accept. 5.4 ERROR IN BID In case of error in the extension of prices in the bid, the unit price will govern. No bid shall be altered or amended after the specified time for opening bids. 5.5 AWARD A. Award shall be made all or none to the lowest responsible responsive bidder. B. Contracts and purchases will be made or entered into with the lowest responsible bidder meeting specifications. C. When more than one item is specified in the proposals, the University reserves the right to determine the low bidder either on the basis of the individual items or on the basis of all items included in its Request for Proposals, or as expressly stated in the Request for Proposals. D. A written purchase order or contract award mailed, or otherwise furnished, to the successful bidder within the time of acceptance specified in the Request for Proposals results in a binding contract without further action by either party. The contract shall not be assignable by the Supplier in whole or part without the written consent of the University. 5.6 DELIVERY A. The Request for Proposals will show the number of days to place a commodity in the University designated location under normal conditions. If the bidder cannot meet the stated delivery, alternate delivery schedules may become a factor in award. The University has the right to extend delivery if reasons appear valid. UNIVERSITY OF ARKANSAS AT LITTLE ROCK REQUEST FOR PROPOSAL RFP NO: FB-23-003 Page 21 of 24 B. Delivery shall be made during University work hours only, 8:00 a.m. to 4:00 p.m.., unless prior approval for other shipment has been obtained. C. Packing memoranda shall be enclosed with each shipment. 5.7 ACCEPTANCE AND REJECTION Final inspection and acceptance or rejection may be made at delivery destination, but all materials and workmanship shall be subject to inspection and test at all times and places, and when practicable. During manufacture, the right is reserved to reject articles which contain defective material and workmanship. Rejected material shall be removed by and at the expense of the contractor promptly after notification of rejection. Final inspection and acceptance or rejection of the materials or supplies shall be made as promptly as practicable, but failure to inspect and accept or reject materials or supplies shall not impose liability on the University thereof for such materials or supplies as are not in accordance with the specification. In the event necessity requires the use of materials or supplies not conforming to the specification, payment may be made with a proper reduction in price. 5.8 TAXES AND TRADE DISCOUNTS A. Do not include state or local sales taxes in bid price. B. Trade discounts should be deducted from the unit price and net price should be shown in the bid. 5.9 DEFAULT A. Back orders, default in promised delivery, or failure to meet specifications authorize the University to cancel this contract to the defaulting contractor. The contractor must give written notice to the University of the reason and the expected delivery date. B. Consistent failure to meet delivery without a valid reason may cause removal from the bidders list or suspension of eligibility for award. 5.10 WAIVER The University reserves the right to waive any General Condition, Special Condition, or minor specification deviation when considered to be in the best interest of the University, so long as such waiver is not given so as to deliberately favor any single Supplier and would have the same effect on all Suppliers. 5.11 CANCELLATION Any contract or item award may be canceled for cause by either party by giving 30 days written notice of intent to cancel. Cause for the University to cancel shall include, but is not limited to, cost exceeding current market prices for comparable purchases; request for increase in prices during the period of the contract; or failure to perform to contract conditions. The contractor will be required to honor all purchase orders that were prepared and dated prior to the date of expiration or cancellation if received by the contractor within period of 30 days following the date of expiration or cancellation. Cancellation by the University does not relieve the Contractor of any liability arising out of a default or nonperformance. Cause for the Supplier to cancel shall include, but is not limited to the item(s) being discontinued and unavailable from the manufacturer. 5.12 ADDENDA A. Addenda modifying plans and/or specifications may be issued if time permits. No addendum will be issued within a period of three (3) working days prior to the time and date set for the bid opening. Should it become necessary to issue an addendum within the three-day period prior to the proposal opening, the bid date will be reset giving bidders ample time to answer the addendum. B. Only written addenda is part of the bid packet and should be considered. 5.13 ALTERNATE BIDS Unless specifically requested alternate bids will not be considered. An alternate is considered to be a bid that does not comply with the minimum provisions of the specifications. 5.14 BID OPENINGS Bid opening will be conducted open to the public. However, they will serve only to open, read and tabulate the bid price on each bid. No discussion will be entered into with any Supplier as to the quality or provisions of the specifications and no award will be made either stated or implied at the bid opening. UNIVERSITY OF ARKANSAS AT LITTLE ROCK REQUEST FOR PROPOSAL RFP NO: FB-23-003 Page 22 of 24 5.15 DEBRIS REMOVAL All debris must be removed from the University after installation of said equipment. 5.16 LACK OF FUND UA Little Rock may cancel a contract to the extent funds are no longer available for expenditures under said contract. Any delivered but unpaid goods will be returned in normal condition to the contractor by the University. If the University is unable to return the commodities in normal condition and there are no funds legally available to pay for the goods, the contractor may file claim with Arkansas Claims Commission. If the contractor has provided services and there are no funds legally available to pay for the services, the contractor may also file claim. 5.17 DISCRIMINATION In order to comply with the provisions of Act 954 of 1977 relating to unfair employment practices, the bidder agrees as follows: (a) the bidder will not discriminate against any employee or applicant for employee because of race, sex, color, age, religion, disability, or national origin; (b) in all solicitations or advertisements for employees, the bidder will state that all qualified applicants will receive consideration without regard to race, color, sex, age, religion, disability, or national origin; (c) the bidder will furnish such relevant information and reports as requested by the Human Resources Commission for the purpose of determining compliance with the statue; (d) failure of the bidder to comply with the statue and/or the rules and regulations promulgated there under and this nondiscrimination clause shall be deemed a breach of contract, and the contract may be cancelled, terminated, or suspended, in whole or in part; (e) the bidder will include the provisions of items (a) through (d) in every subcontract so that such provisions will be binding upon such subcontractor of Supplier. 5.18 INVOICING The contractor shall be paid upon completion of all of the following: (1) submission of an original and two copies of a properly itemized invoice showing both the bid number and the purchase order number, (2) delivery and acceptance of all commodities, and (3) proper and legal processing of the invoice by all necessary state agencies. Invoices must be sent to the UA Little Rock Financial Services. 5.19 PRICING Bidders must quote F.O.B. inside destination and must bid the unit price. In case of such errors in extension, unit price shall govern. Prices are Bidder and, thus, are not subject to escalation unless otherwise stated in the solicitation. Unless otherwise specified, the bid must be Bidder for acceptance for 120 days from the bid opening date. “Discount from list” bids are not acceptable unless requested in the solicitation. 5.20 GUARANTY All items bid shall be newly manufactured, in first class condition, of latest model and design, to include where applicable containers suitable for shipment and storage. The bidder hereby guarantees that everything furnished hereunder will be free from defects in design, workmanship, and material and that, if sold by drawing, specifications, or sample, it will conform thereto and will serve the function for which it was furnished. The bidder further guarantees that, if the items furnished hereunder are to be installed by the bidder, such items will function properly when installed. The bidder also guarantees that all applicable laws relating to construction, packaging, labeling, and registration has been complied with. The bidder’s obligations under this paragraph shall survive for a period of one (1) year from the date of deliver, unless otherwise specified herein. 5.21 STORAGE UA Little Rock will be responsible for storage if the contractor delivers within the time required and UA Little Rock cannot accept delivery. 5.22 VARIATION IN QUANTITY UA Little Rock assumes no liability for commodities produced, processed, or shipped in excess of those quantities specified on the UA Little Rock purchase order. 5.23 STATE PROPERTY Any specifications, drawings, technical information, dies, cuts, negatives, positive, data, or any commodity furnished to the contractor hereunder or in contemplation hereof or developed by the contractor for use hereunder shall remain UNIVERSITY OF ARKANSAS AT LITTLE ROCK REQUEST FOR PROPOSAL RFP NO: FB-23-003 Page 23 of 24 property of UA Little Rock and the State and shall be kept confidential, used only as expressly authorized and returned to UA Little Rock at the contractor’s expense. Commodities must be properly identified by description when returned. 5.24 PATENTS OR COPYRIGHTS The contractor agrees to indemnify and hold UA Little Rock harmless from all claims, damages, and costs, including attorney’s fees, arising from infringement of patents or copyrights. 5.25 ASSIGNMENTS Any contract entered into pursuant to the RFP is not assignable nor the duties there under delegable by either party without the written consent of the other party of the contract. 5.26 OTHER REMEDIES In addition to the remedies outlined herein, the contractor and UA Little Rock have the right to pursue any other remedy permitted by law or in equity. 5.27 CONTINGENT FEE The bidder guarantees that he has not retained a person to solicit or secure the contract upon agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bon a fide employees or bon a fide established commercial selling agencies maintained by the bidder for the purpose of securing business. 5.28 ANTI-TRUST ASSIGNMENT As part of the consideration for entering into any contract pursuant to the RFP, the bidder named on the front of the RFP acting herein by the authorized agent, hereby assigns, sells and transfers to UA Little Rock all rights title and interest in and to all causes of action it may have under the antitrust laws of the United States or this state for price fixing, which causes of action have accrued. 5.29 CLARIFICATIONS Any interpretation or correction of the bid documents or specifications will be made only by addendum and will be mailed or delivered to each bidder of record. UA Little Rock will not be responsible for any oral explanations or interpretations of this bid. All questions concerning this RFP must be addressed to UA Little Rock Procurement Services, 2801 South University, Little Rock, AR 72204 (Telephone 501-569-3144) 5.30 PROPRIETARY INFORMATION All bid information, bids, applications, briefs, sales brochures, etc. will become the property of UA Little Rock when submitted in response to this RFP. All bid documents submitted by the bidder shall be available for public inspection after bid opening. 5.31 PRODUCT INFORMATION Bidders are requested to submit technical and descriptive literature, with bid. Information submitted shall be sufficiently detailed to substantiate that product offered meets or exceeds specifications. Failure to comply with this request may result in bid rejection. 5.32 TERMS AND CONDITIONS To be considered, bidders must include as part of their bid all of the provisions of this RFP. An official authorized to bind the bidder to the resultant contract must sign bids. If the bidder submits standard terms and conditions with his bid, and if any section of those terms are in conflict with the laws of the State of Arkansas, the laws of the State of Arkansas will govern. Standard terms and conditions submitted may require alteration upon mutual agreement to adequately reflect all conditions of this RFP and the bidder's response. 5.33 PROHIBITION ON CONTRACTING WITH ENTITIES THAT BOYCOTT ISRAEL In accordance with Ark. Code Ann. § 25-1-503, Supplier hereby certifies to the University that Supplier (a) is not currently engaged in a boycott of Israel and (b) agrees for the duration of this agreement not to engage in a boycott of Israel. A breach of this certification will be considered a material breach of contract. In the event that Supplier breaches this certification, University may immediately terminate this agreement without penalty or further obligation and exercise any rights and remedies available to it by law or in equity. UNIVERSITY OF ARKANSAS AT LITTLE ROCK REQUEST FOR PROPOSAL RFP NO: FB-23-003 Page 24 of 24 5.34 MINORITY BUSINESS POLICY Minority participation is encouraged in this and all other procurements by state agencies. “Minority” is defined by Arkansas Code Annotated 1-2-03 as “black or African American, Hispanic American, American Indian or Native American, Asian, Pacific Islander and women-owned.” The Division of Minority Business Enterprise of the Department of Economic Development conducts a certification process for minority business. Bidders unable to include minority owned business as subcontractors “may explain the circumstances preventing minority inclusion”. 5.35 CONTRACT INFORMATION Bidders should note the terms and conditions stated in regard to the State's contracting authority and amend documents accordingly. Failure to conform to these standards may result in rejection of bid.