08 02 11 - RFP Contract 12-0002 by wuzhengqin

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									                                             State of Arkansas
                             ARKANSAS TOBACCO SETTLEMENT COMMISSION
                                   101 East Capitol Avenue, Suite 108
                                      Little Rock, Arkansas 72201
                                            REQUEST FOR PROPOSAL
                                                             Buyer: Aaron Parish Black, JD, MPA
RFP Number: ATSC IE Contract FY2012
                                                                    ATSC Executive Director
Service: Independent Evaluation Services                     Issuing Date: August 3, 2011

Agency: Arkansas Tobacco Settlement Commission               Submission Deadline: 4:30pm (CST) September 9, 2011

Service Location: Little Rock/Helena-West Helena             Proposal Opening: 9:00am (CST) September 12, 2011

PROPOSALS WILL BE ACCEPTED UNTIL THE TIME AND DATE SPECIFIED ABOVE. THE PROPOSAL ENVELOPE
INCLUDING THE OUTSIDE OF OVERNIGHT PACKAGES MUST BE SEALED AND SHOULD BE PROPERLY MARKED
WITH THE PROPOSAL NUMBER, DATE AND HOUR OF PROPOSAL OPENING AND VENDOR'S RETURN
ADDRESS. IT IS NOT NECESSARY TO RETURN "NO BIDS" TO THE ATSC. Vendors are responsible for delivery
of their proposal documents to the ATSC prior to the scheduled time for opening of the particular proposal.
When appropriate, Vendors should consult with delivery providers to determine whether the proposal documents
will be delivered to the Commission’s office street address prior to the scheduled time for proposal opening.
Delivery providers, USPS, UPS, and FedEx deliver mail to our street address, 101 East Capitol Avenue, Suite 108,
Little Rock, Arkansas 72201, on a schedule determined by each individual provider. These providers will deliver
to our offices based solely on our street address.


PROPOSAL DELIVERY ADDRESS:                            PROPOSAL OPENING LOCATION:
101 East Capitol Avenue, Suite 108                    101 East Capitol Avenue, Suite 108
Little Rock, Arkansas 72201                           Little Rock, Arkansas 72201
TELEPHONE NUMBER: 501-683-0074



Vendor Name:

Name (type or print):

Title:

Address:

Telephone Number:

Fax Number:

E-Mail Address:

Signature:
USE INK ONLY; UNSIGNED PROPOSALS WILL NOT BE CONSIDERED

Identification:
•                                                    •
    Federal Employer ID Number                           Social Security Number

  FAILURE TO PROVIDE TAXPAYER IDENTIFICATION NUMBER MAY RESULT IN PROPOSAL REJECTION
Business Designation
(check one):
                        Individual           Sole Proprietorship  Public Service Corp

                             Partnership             Corporation                    Government/ Nonprofit


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 General Description      Independent Evaluation Service
   Type of Contract:      Term
             Buyer:       Aaron Parish Black
Agency P.R. Number:       1000558030

   MINORITY BUSINESS POLICY: Minority participation is encouraged in this and in all other
   procurements by State agencies. “Minority” is defined by Arkansas Code Annotated § 1-2-503 as “black
   or African American, Hispanic American, American Indian or Native American, Asian, and Pacific
   Islander”. The Arkansas Economic Development Commission conducts a certification process for
   minority businesses. Bidders unable to include minority-owned business as subcontractors “may
   explain the circumstances preventing minority inclusion”.

   Check minority type:




          Arkansas Minority Certification Number __________________________

   EQUAL EMPLOYMENT OPPORTUNITY POLICY: In compliance with Act 2157 of 2005, the OSP and
   ATSC are required to have a copy of the Vendor’s Equal Opportunity Policy prior to issuing a contract
   award. EO Policies may be submitted in electronic format to the following email address:
   eeopolicy.osp@dfa.state.ar.us, or as a hard copy accompanying the solicitation response. The Office
   of State Procurement will maintain a file of all Vendor EO policies submitted in response to solicitations
   issued by this office. The submission is a one-time requirement, but Vendors are responsible for
   providing updates or changes to their respective policies, and for supplying EO policies upon request to
   other state agencies that must also comply with this statute. Vendors that do not have an established
   EO policy will not be prohibited from receiving a contract award, but are required to submit a written
   statement to that effect.

   ACT 157 of 2007 EMPLOYMENT OF ILLEGAL IMMIGRANTS: Pursuant to Act 157 of 2007, all
   bidders must certify prior to award of the contract that they do not employ or contract with any illegal
   immigrants    in    its    contract   with   the     State.    Bidders   shall   certify   online    at:
   https://www.ark.org/dfa/immigrant/index.php/disclosure/submit/new.

   ALTERATION OF ORIGINAL RFP DOCUMENTS: The original written or electronic language of the
   RFP documents shall not be changed or altered except by approved written addendum issued by the
   ATSC. This does not eliminate an Offeror from taking exception(s) to non-mandatory terms and
   conditions, but does clarify that the Offeror cannot change the original document's written or electronic
   language. If the Offeror wishes to make exception(s) to any of the original language, it must be
   submitted by the Offeror in separate written or electronic language in a manner that clearly explains the
   exception(s). If Offeror's/Respondent's submittal is discovered to contain alterations/changes to the
   original written or electronic documents, the Offeror's response may be declared as "non-responsible"
   and the response may not be considered.

   REQUIREMENT OF ADDENDUM: THIS PROPOSAL MAY BE MODIFIED ONLY BY ADDENDA
   WRITTEN AND AUTHORIZED BY THE OSP OR THE ATSC. Vendors are cautioned to ensure they
   have received or obtained and responded to any and all addenda to the proposal prior to submission.
   There will be no addenda to a proposal 72 hours prior to the proposal opening. It is the responsibility of
   the Vendor to check the Commission’s website for any and all addenda up to that time at:
   www.atsc.arkansas.gov.

   DELIVERY OF RESPONSE DOCUMENTS: In accordance with the Arkansas Procurement Law and
   Regulations, it is the responsibility of Vendors to submit proposals at the place, and on or before the


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   date and time, set in the solicitation documents. Proposal documents received at the ATSC after the
   date and time designated for proposal opening are considered late proposals and shall not be
   considered. Proposal documents arriving late, which are to be returned and are not clearly marked,
   may be opened to determine for which RFP the submission is intended.

   ADDITIONAL TERMS AND CONDITIONS: The ATSC objects to, and shall not consider, any
   additional terms or conditions submitted by an offeror, including any appearing in documents attached
   as part of an offeror’s response. In signing and submitting a proposal, the respondent agrees that any
   additional terms or conditions, whether submitted intentionally or inadvertently, shall have no force or
   effect. Failure to comply with terms and conditions, including those specifying information that must be
   submitted with a proposal, shall be grounds for rejecting a proposal.

   ANTICIPATION TO AWARD: After complete evaluation of the proposal, the anticipated award will be
   posted on the ATSC website and/or the legal section of a newspaper of statewide circulation. The
   purpose of the posting is to establish a specific timeframe in which Vendors and agencies are aware of
   the anticipated award.

   PAST PERFORMANCE: In accordance with provisions of The State Procurement Law, R7: 19-11-229
   Competitive Sealed Bidding - Bid Evaluation paragraph (E)(i) & (ii): a Vendor's past performance with
   the state may be used in the evaluation of any offer made in response to this solicitation. The past
   performance should not be greater than three (3) years old and must be supported by written
   documentation on file in the Office of State Procurement at the time of the RFP opening.
   Documentation may be in the form of a written or electronic report, VPR, memo, file or any other
   appropriate authenticated notation of performance to the Vendor files.

   VISA ACCEPTANCE: Awarded Respondents should have the capability of accepting the State’s
   authorized VISA Procurement Card (p-card) as a method of payment. Price changes or additional fees
   may not be assessed when accepting the p-card as a form of payment. The successful respondent
   may receive payment from the State by p-card in the same manner as other VISA purchases. VISA
   acceptance is preferred, but is not the exclusive method of payment.

   EO-98-04 GOVERNOR’S EXECUTIVE ORDER:                   Bidders should complete the Disclosure Forms
   posted with this proposal.


                               SECTION 1: GENERAL INFORMATION

1.0 INTRODUCTION

   The Arkansas Tobacco Settlement Commission (ATSC) issues this Request for Proposal (RFP) for
   interested offerors to provide services as further detailed in the RFP. This RFP seeks to identify a
   qualified and experienced independent third party that will enter into a contract with the ATSC to
   perform monitoring and program evaluation of program expenditures as listed in the Arkansas Tobacco
   Settlement Proceeds Act of 2000 (Arkansas Code §19-12-101 – §19-12-119).

1.1 ELIGIBLE VENDORS

   Vendors eligible to bid on this RFP include, but are not limited to: non-profit organizations, corporations,
   and public or privately funded education institutions. Eligible Vendors must also be independent third
   parties. An independent third party has been defined in the ATSC Bylaws as:

      a) An organization not subject to the control of any program receiving funds from the Arkansas
         Tobacco Settlement Proceeds Act;

      b) An organization not affiliated with, governed by, or administered through a larger controlling unit
         of any of the funded programs.

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  Eligible Vendors must have appropriate (as determined in the scoring section of the RFP) experience in
  health, preventive resources, health statistics, and evaluation expertise to perform monitoring and
  evaluation of program expenditures.

1.2 ISSUING OFFICER

  The issuing officer is the sole point of contact for this RFP. Any Vendor questions or clarifications
  regarding matters related to this RFP must be directed to the State’s buyer, Aaron Parish Black at
  aaron.black@arkansas.gov. Written questions must be submitted to the issuing officer. All questions
  should be marked “Questions” and the proposal number should be indicated. The questions will be
  answered and posted on the Commission’s website. Accordingly, reliance on information received
  other than from the issuing officer is at the offeror’s own risk.

         Aaron Parish Black, JD, MPA
         Executive Director
         Arkansas Tobacco Settlement Commission
         101 East Capitol Avenue, Suite 108
         Little Rock, Arkansas 72201
         Phone: (501)-683-0074
         Fax: (501)-683-0078
         E-mail: aaron.black@arkansas.gov

1.3 TERM OF THE CONTRACT

  The contract period begins the date this contract is approved by the Arkansas Legislative Council
  (estimated for November of 2011) and continue through December 31, 2013.

  By mutual agreement, ATSC and the contractor may elect to issue extensions to the contract not to
  exceed a maximum of five (5) additional years or any portion thereof. Such agreements shall be
  exercised in writing. If no extension is agreed to, the contract is terminated.

  Any services on contract by the ATSC must be paid for, but do not obligate the State to continue the
  contract beyond the end of a biennial period.

1.4 DEFINITION OF TERMS

  This section of the RFP provides detailed definitions of appropriate acronyms and terms relative to this
  RFP. The terms “respondent, proposer, Vendor, offeror, bidder” are used synonymously in this
  document. ATSC or Commission – Arkansas Tobacco Settlement Commission, OSP – Office of
  State Procurement, RFP – Request for Proposal.

1.5 RFP FORMAT

  Any statement in this document that contains the word “must” or “shall” or “will” means that compliance
  with the intent of the statement is mandatory, and failure by the respondent to satisfy that intent will
  cause the proposal to be rejected. It is recommended that offerors respond to each item or paragraph
  of the RFP in sequence. Items not needing a specific Vendor statement may be responded to by
  concurrence or acknowledgement; no response will be interpreted as an affirmative response or
  agreement to the State conditions. Reference to handbooks or other technical materials as part of a
  response must not constitute the entire response and respondent must identify the specific page and
  paragraph being referenced.

1.6 FUNDING INFORMATION

  FUNDING INFORMATION FOR THIS PROCUREMENT WILL NOT BE RELEASED TO OFFERORS.

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1.7 CAUTION TO VENDORS

  A. During the time between the proposal opening and contract award, any contact concerning this
     RFP will be initiated by the issuing office or requesting entity and not the Vendor. Specifically, the
     person(s) named herein will initiate all contact.

  B. Vendors must submit one (1) signed original technical proposal, on or before the date
     specified on page one of this RFP. Vendors must also submit one (1) original “Official
     Proposal Price Sheet”. Do not include any pricing from the Official Proposal Price Sheet
     on the proposal or electronic copies. Pricing from the Official Price Sheet(s) must be
     separately sealed from the proposal response and clearly marked as pricing information.
     The Vendor should submit three (3) complete electronic copies (marked copy) of the signed RFP
     proposal response preferably in MS Word/Excel format, on CD or flash drive. Do not include any
     pricing from the Official Proposal Price Sheet on the proposal electronic copies. Pricing
     from the Official Proposal Price Sheet must be separately sealed from the technical
     proposal response and clearly marked as pricing. Failure to submit the required number of
     electronic copies of the proposal may be cause for rejection. If the ATSC requests additional
     copies of the proposal, they must be delivered within twenty-four (24) hours of request.

  C. For a proposal to be considered, an official authorized to bind the Vendor to a resultant contract
     must have signed the proposal in ink.

  D. All official documents and correspondence shall be included as part of the resultant contract.

  E. The State Procurement Official and the ATSC reserve the right to award a contract or reject a
     proposal for any or all line items of a proposal received as a result of this RFP, if it is in the best
     interest of the State to do so. Proposals will be rejected for one or more reasons, not limited to:

     1. Failure of the Vendor to submit his proposal(s) on or before the deadline established by the
        issuing office.
     2. Failure of the Vendor to respond to a requirement for oral/written clarification, presentation, or
        demonstration.
     3. Failure to sign the Official RFP Document in ink.
     4. Failure to complete the Official Proposal Price Sheet and include it sealed separately
        from the rest of the proposal.
     5. Any wording by the offeror in their response to this RFP, or in subsequent correspondence,
        which conflicts with or takes exception to a requirement in the RFP.
     6. Failure of any proposed service to meet or exceed specifications.

1.8 CONTRACT INFORMATION

  The State of Arkansas may not contract with another party:

  A. To indemnify and defend that party for any liability and damages. However, the State
     Procurement Official or ATSC may agree to hold the other party harmless from any loss or claim
     resulting directly from and attributable to the State’s use or possession of equipment or software
     and reimburse that party for the loss caused solely by the State’s uses or possession.

  B. Upon default, to pay all sums to become due under a contract.

  C. To pay damages, legal expenses or other costs and expenses of any party.

  D. To continue a contract once the equipment has been repossessed.

  E. To conduct litigation in a place other than Pulaski County, Arkansas.

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  F. To agree to any provision of a contract which violates the laws or constitution of the State of
     Arkansas.

  A party wishing to contract with the State of Arkansas should:

  A. Remove any language from its contract which grants to it any remedies other than:

     1. The right to possession.
     2. The right to accrued payments.
     3. The right to expenses of de-installation.
     4. The right to expenses of repair to return the equipment to normal working order, normal wear
        and tear excluded.
     5. The right to recover only amounts due at the time of repossession and any unamortized
        nonrecurring cost as allowed by Arkansas Law.

  B. Include in its contract that the laws of the State of Arkansas govern the contract.

  C. Acknowledge that contracts become effective when awarded by the State Procurement Official.

1.9 RESERVATION

  This RFP does not commit the State Procurement Official nor the ATSC 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 any service. The State reserves the right to accept or reject, in part or in its entirety, any or all
  proposals received as a result of the RFP, if it is in the best interest of the State to do so.

1.10 COST OF PROPOSALS

  Costs incurred in preparation of proposals are solely the responsibility of the offerors.

1.11 TERMS AND CONDITIONS OF PROPOSAL

   To be considered, offerors must include as part of their proposal all of the provisions of the RFP.

  A. The Contractor 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. The Contractor and surety
     shall indemnify and save harmless the Agency 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
     Contractor.

     The Contractor shall comply with the nondiscrimination clause contained in Federal Executive
     Order 11246, as amended by Federal Executive Order 11375, relative to Equal Employment
     Opportunity for all persons without regard to race, color, religion, sex, or national origin, and the
     implementing rules and regulations prescribed by the Secretary of Labor and with Title 41, Code of
     Federal Regulations, Chapter 60. The contractor and subcontractor shall comply with Arkansas Act
     954 of 1977.

     The Contractor shall comply with regulations issued by the Secretary of Labor of the United States
     in Title 20, Code of Federal Regulations, Part 741, pursuant to the provisions of Executive Order
     11753 and the Federal Rehabilitation Act of 1973. The Contractor shall be responsible for insuring
     that all subcontractors comply with the above mentioned regulations.



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     The Contractor and its subcontractors shall comply with the Civil Rights Act of 1964, and any
     amendments thereto, and the rules and regulations there under, and Section 504 of Title V of the
     Vocational Rehabilitation Act of 1973 as amended.

     The Contractor agrees to post in conspicuous places, available to employees and applicants for
     employment, notices setting forth the provisions of the clause.

     The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of
     the Contractor, state that all qualified applicants will receive consideration for employment without
     regard to race, color, religion, sex, national origin, age (except as provided by law), marital status,
     political affiliation, or handicap, except where it relates to a bona fide occupational qualification.

  B. In accordance with federal regulation, the contractor agrees to retain all pertinent records for five (5)
     years after final payment is made under this contract or any related subcontract. In the event any
     audit, litigation or other action involving these records is initiated before the end of the five (5) year
     period, the contractor agrees to retain these records until all issues arising out of the action are
     resolved or until the end of the five (5) year period, whichever is later.

  C. The Contractor will grant access to its records upon request by state or federal government entities
     or any of their duly authorized representatives. Access will be given to any books, documents,
     papers or record of the Contractor which are related to any services performed under the contract.
     The Contractor additionally consents that all subcontracts will contain adequate language to allow
     the same guaranteed access to the record of subcontractors.

  D. Order of Precedence. In the event of any conflict or inconsistency in the definition or interpretation
     of any word, responsibility, service, time schedule, requirements, specifications or tasks in this
     agreement, said conflict or inconsistency shall be resolved according to the following priority:

        The Request for Proposal document
        Written clarifications to the RFP
        Proposal of Respondent Awarded Contract

1.12 PROPRIETARY INFORMATION

  Proprietary information submitted in response to this RFP will be processed in accordance with
  applicable State of Arkansas procurement procedures. Proposals and documents pertaining to the
  RFP become the property of the State and shall be open to public inspection subsequent to proposal
  opening. It is the responsibility of the Vendor to identify all proprietary information. The Vendor
  should submit one complete electronic copy of the proposal, preferably in PDF format, from
  which any proprietary information has been removed, i.e. a redacted copy. The redacted copy
  should reflect the same pagination as the original and show the empty space from which information
  was redacted. Except for the redacted information, the redacted electronic copy must be identical to
  the original hard copy. The redacted electronic copy will be open to public inspection under the
  Freedom of Information Act (FOIA) without further notice to the Vendor. If you do not send a
  redacted electronic copy your entire proposal will be open to public inspection with the
  exception of financial data (other than pricing). If the State of Arkansas deems redacted
  information to be subject to the FOIA, the Vendor will be contacted prior to the release of this
  information.

1.13 STATEMENT OF LIABILITY

  The State will demonstrate reasonable care, but at no time will the State be responsible for or accept
  liability for any Vendor-owned items.

1.14 AWARD RESPONSIBILITY


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   The ATSC will be responsible for award and for administration of any resulting contract.

1.15 PUBLICITY

   News releases pertaining to the RFP or the services, study, data or project to which it relates will not be
   made without prior written approval of the ATSC, and then only in accordance with the explicit written
   instructions from the Director. No results of the program are to be released without prior written
   approval from the ATSC, and then only to persons designated.

1.16 INDEPENDENT PRICE DETERMINATION

   By submission of his/her proposal, the Vendor 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 and that no prior information concerning
   these prices has been received from or given to a competitive company. If there is sufficient evidence
   of collusion to warrant consideration of this proposal by the Office of the Attorney General, all Vendors
   should understand that this paragraph might be used as a basis for litigation.

1.17 WARRANTY

   The Vendor must warrant that all services and any other items provided by the Vendor in conjunction
   with this RFP will be performed:

             At the level specified herein.

   Vendor shall, at his/her expense remedy all such defects in performance.

1.18 CONFIDENTIALITY

   The Vendor shall be bound to confidentiality of any information of which its employees may become
   aware during the course of performance for the contracted task. Consistent and/or uncorrected
   breaches of confidentiality may constitute grounds for cancellation of the contract.

1.19 TERMINATION OF CONTRACT

   In the event the State no longer needs the service or commodity specified in the contract or purchase
   order due to program changes; changes in laws, rules, or regulations; relocation of offices; or lack of
   appropriated funding, the State may cancel the contract or purchase order by giving the contractor
   written notice of such cancellation thirty (30) days prior to the date of cancellation. Upon receipt of
   notice of termination, the contractor shall be paid the following:

      At the contract price(s) for completed service to and acceptance by the State
      At a price mutually agreed by the contractor and State for partially completed services.

   1.19.1 Termination of Contract

          The State reserves the right to terminate in whole or in part any contract resulting from this RFP,
          with cause, upon 30 calendar day’s written notice to the Contractor.

   1.19.2 Causes for Termination

          The following causes are reasons for termination by the State. This list is not to be interpreted
          as all inclusive:



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             The State determines that the Contractor (or its Subcontractors) has failed to
              satisfactorily perform its contractual duties and responsibilities;
             Substantial changes in the personnel directly responsible for performing the tasks of the
              contract;
             Insolvency (however evidenced); if any authorized audit finds the program is ineffective,
              not cost effective, or a violation of State laws, etc.
             If it is determined that gratuities, bribes, or something voluntarily given in return for a
              favorable treatment of any kind were offered to or received by any officials or employees
              of the commission from any officials, agents, or employees of the Contractor;
             If the Contractor has given falsified information or tampered with the RFP or Contract;
             If the Contractor or any assigned employee enters into an association or connection with
              the tobacco industry.

1.19.3 Termination for Convenience:

       The State may also terminate any Contract resulting from this RFP for convenience, wherever
       the State shall determine that such termination is in the best interest of the State. Such
       termination may take effect by providing thirty (30) calendar days written notice to the
       Contractor. Contractor shall be entitled to payment for any charges incurred by the Contractor
       through the date of the notice of termination (not the date of actual termination) to the extent
       that the State has funds available to make payment.

1.19.4 Default and Remedies:

       Non-performance by the Contractor of any requirements or conditions of any contract resulting
       from this RFP shall constitute default. Upon default the State shall issue a written notice of
       default to the Contractor. The Contractor has 15 calendar days to cure said default. If the
       Contractor remains in default during the second 15 calendar days, or if the default is repeated
       during the term of the contract or any renewal thereof, the State may, in its sole discretion,
       decide to terminate the contract(s) or remaining portions thereof and exercise any remedy
       provided by law or conditions in the Contract(s).

1.19.5 Lack of Funds:

       Pursuant to Ark. Code § 19-11-238 the State shall terminate any Contract resulting from this
       RFP at the end of any biennial period when funds have not been appropriated or are otherwise
       unavailable to continue the contract. The State shall provide the Contractor written notice that
       the contract shall terminate in ninety (90) calendar days or at the beginning of the next biennial
       period, whichever comes first. Each participating entity shall notify the Contractor and the State
       in writing, in the event that the governing body responsible for such appropriations fails to make
       the necessary appropriation(s).

       The State may cancel or curtail this Contract to the extent funds are no longer legally available
       for expenditures under this contract. The State shall notify the Contractor by providing written
       notice.

       The State shall honor outstanding commitments made and approved prior to the termination of
       the Contract and for services rendered including fees or obligations agreed to before the
       termination of the Contract. If the Contractor has provided services and there are no longer
       funds procedurally or legally available to pay for the services, the Contractor may file a claim
       with the Arkansas Claims Commission.

1.19.6 ATSC’s Rights after Termination




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         In the event a contract is terminated for any reason, or the State cannot complete negotiation
         due to the Vendor's action, the State may procure, upon such terms and conditions, as the
         State deems appropriate, supplies or services similar to those terminated. Under these
         circumstances, the Contractor will be liable to the State for any excess cost for such similar
         supplies or services. In addition, the Contractor will also be liable to the State for administrative
         costs incurred by the State procuring such similar supplies or services.

1.20 NEGOTIATIONS

  As provided in this request for proposal and under regulations, discussions may be conducted with
  responsible Vendor(s) who submit proposal(s) 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.

1.21 INTELLECTUAL PROPERTY

  All records and data pertaining to the contract will remain the property of the ATSC. Upon expiration or
  termination of contract, in order to ensure orderly turnover in the event another provider is selected or
  ATSC takes over preparation, the contractor shall turn over the complete operation within sixty (60)
  days.

  Contractor shall not use any of the documents, data, or other materials collected through this contract
  for any other purpose than those set forth in this contract, without prior written approval from the ATSC.
  Vendor will be required to sign a non-disclosure form (Attachment A) to be kept on file at the ATSC
  offices.

1.22 LAWS

  The selected Provider shall agree to abide by all governing laws, ordinances, regulations, and policies
  for each participating entity in the State of Arkansas. Although not to be considered all inclusive the list
  includes, the General Accounting and Budgetary Procedures Law, Ark. Code Ann. § 19-4-101 et seq.,
  Arkansas Ethics in Public Contracting Laws, Ark. Code Ann. §19-11-701 et seq., Procurement of
  Professional Services, Ark Code Ann. § 19-11-801 et seq., and all applicable laws. The enactment of
  any State or Federal statute, or the promulgation of regulations there under, after execution of this
  contract may be reviewed by the State and the Contractor to determine whether the provisions of the
  contract require formal modification. Each participating entity shall abide by all laws, etc. If laws are
  changed by any means to make this Request For Proposal, any Contract or part of the Contract
  resulting from this RFP not viable, the State and each participating entity and Contractor will be held
  harmless.

1.23 CHOICE OF LAW & FORUM

  This RFP and any resulting contract shall be governed by and construed in accordance with the laws of
  the State of Arkansas. Any proceeding related to any cause of action of any nature arising from or
  related to this RFP or contract may be brought only before the appropriate forum in Arkansas. This
  provision shall not be construed to waive sovereign immunity under Article 5, Section 20 of the
  Arkansas Constitution or other applicable laws, but giving effect to federal laws.

1.24 ACCEPTANCE AND REJECTION OF PROPOSALS

  ATSC reserves the right to accept multiple bids and to accept or reject, in part or its entirety, any
  proposal received as a result of this RFP if it is in the best interest of ATSC to do so. Proposals may be
  rejected for one or more of, but not limited to, the following reasons:

     1. Failure of the Vendor to adhere to one or more of the provisions established in this RFP.
     2. Failure of the Vendor to submit his proposal in the format specified in this document.

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     3. Failure of the Vendor to submit proposal(s) on or before the deadline established by the ATSC
        and stated on the RFP cover sheet.
     4. Failure to adhere to any Section of this RFP.
     5. Failure of the Vendor to respond to a request for oral or written demonstrations or presentations.
     6. Failure of the Vendor to comply with the intent of any statement in this document, which has the
        word "must", or "shall" in it.
     7. Conflict of interest by Vendor deriving from Vendor or any of Vendor’s ancillary agencies
        receiving Arkansas Tobacco Settlement funds, either through the form of the Act funding
        distribution or through a grant or subsidiary contract with a funded Act program.
     8. Past or present connections or associations with the tobacco industry.

1.25 INDEMNIFICATION

  The Contractor, or any contract resulting from this RFP, shall agree to indemnify and save ATSC and
  its participating members harmless from:

     1. Any claims or losses resulting from services rendered by any subcontractor, person, or firm,
        performing or supplying services, materials, or supplies in connection with the performance of
        the Contract;
     2. Any claims or losses to any person or firm injured or damaged by erroneous or negligent acts,
        including without limitation disregard of Federal or State regulations or Codes, of the Contractor,
        its officers, employees, or subcontractors in the performance of the Contract;
     3. Any claims or losses to any person or firm injured or damaged by the Contractor, its officers,
        employees, or subcontractors by the publication, translation, reproduction, delivery,
        performance, use, or disposition of any data processed under the Contract in a manner not
        authorized by the Contract, or by Federal or State regulations or Codes;
     4. Any failure of the Contractor, its officers, employees, or subcontractors to observe Arkansas
        Laws, including but limited to labor laws and minimum wage laws.

1.26 ACCOUNTING PROVISIONS

  In the event of any contract resulting from this RFP, the Contractor shall be required to maintain all
  pertinent financial and accounting records and evidence pertaining to the contract in accordance with
  generally accepted principles of accounting and other procedures specified by the State of Arkansas.
  Access will be granted upon request, to State or Federal Government entities or any of their duly
  authorized representatives. Financial and accounting records shall be made available, upon request, to
  the State of Arkansas' 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.

1.27 ANTICIPATED PROCUREMENT TIMETABLE

  The following timetable is anticipated for the procurement process. All times refer to local time in Little
  Rock, Arkansas (CST).

         Action                                                 Date
         RFP Issued                                             August 3, 2011
         Deadline Date for Receipt of Written Questions         August 12, 2011
         Answers Posted on Commission’s Website                 August 19, 2011
         RFP Submission Deadline                                September 9, 2011
         Opening Date and Time/Receipt of Proposals             September 12, 2011
         Evaluation of Proposals Completed*                     September 30, 2011
         Selection of Vendor*                                   September 30, 2011
         ALC Contract Review Completed*                         November 18, 2011
         Contractor Commences Performance*                      November 19, 2011
         * Dates are approximate.

                                                  11
1.28 CONTRACT PAYMENT

  In consideration of the contract agreement provisions and RFP requirements, the state agrees to pay
  the contractor on a monthly reimbursement basis after expenditures have occurred. The contractor
  must submit proof of expenditures when requesting reimbursements in the form of invoices, receipts
  and/or a spreadsheet outlining each line item of the reimbursement form. Award recipient must submit
  a reimbursement request for payment for the services delivered no later than fifteen (15) calendar days
  after the affected month. The payment for services can be expected to be distributed after review of a
  submitted reimbursement request within five (5) to ten (10) working days.

1.29 METHOD OF PAYMENT

  Invoices for the preceding billing period shall be mailed or submitted electronically to the ATSC no later
  than the fifteenth (15th) day of the month. All invoices must reference the ATSC assigned contract
  number. Payment will be made in accordance with applicable State of Arkansas accounting procedures
  upon written acceptance by the ATSC of services and receipt of approved invoice. Payment must be
  sent to the following address:

         Arkansas Tobacco Settlement Commission
         101 East Capitol Avenue, Suite 108
         Little Rock, Arkansas 72201
         atsc@arkansas.gov

  If the ATSC does not receive an invoice in the manner required in Section 1.29, then payment for that
  period can be denied. The only recourse will be to file a claim with the Arkansas Claims Commission.

1.30 ACT 1059 OF 2011

  ACT 1059, SECTION 6. SPECIAL LANGUAGE:
  NOT TO BE INCORPORATED INTO THE ARKANSAS 14 CODE NOR PUBLISHED SEPARATELY
  AS SPECIAL, LOCAL AND TEMPORARY LAW. POSITIONS. (a) Nothing in this act shall be construed
  as a commitment of the State of Arkansas or any of its agencies or institutions to continue funding any
  position paid from the proceeds of the Tobacco Settlement in the event that Tobacco Settlement funds
  are not sufficient to finance the position. (b) State funds will not be used to replace Tobacco Settlement
  funds when such funds expire, unless appropriated by the General Assembly and authorized by the
  Governor. (c) A disclosure of the language contained in (a) and (b) of this Section shall be made
  available to all new hire and current positions paid from the proceeds of the Tobacco Settlement by the
  Tobacco Settlement Commission. (d) Whenever applicable the information contained in (a) and (b) of
  this Section shall be included in the employee handbook and/or Professional Services Contract paid
  from the proceeds of the Tobacco Settlement. The provisions of this section shall be in effect only from
  July 1, 2011 through June 30, 2012.


                                      SECTION 2: OVERVIEW

2.0 BACKGROUND

  The Arkansas Tobacco Settlement Commission and its related activities were created in compliance
  with Section 17(g) of The Tobacco Proceeds Act of 2000, which states, “The commission is authorized
  to hire an independent third party with appropriate experience in health, preventive resources, health
  statistics, and evaluation expertise to perform monitoring and evaluation of program expenditures made
  from the program accounts pursuant to this chapter. Such monitoring and evaluation shall be performed
  in accordance with § 19-12-118, and the third party retained to perform such services shall prepare a
  biennial report to be delivered to the General Assembly and the Governor by each August 1 preceding


                                                12
  a general session of the General Assembly. The report shall be accompanied by a recommendation
  from the commission as to the continued funding for each program.”

  Section 18 of The Tobacco Settlement Proceeds Act of 2000 requires the Arkansas Tobacco
  Settlement Commission to, “conduct monitoring and evaluation of the programs established in §§ 19-
  12-113 - 19-12-116 to ensure optimal impact on improving the health of Arkansans and fiscal
  stewardship of the Tobacco Settlement. The commission shall develop performance indicators to
  monitor programmatic functions that are state-specific and situation-specific and to support
  performance-based assessment for governmental accountability. The performance indicators shall
  reflect short-term and long-term goals and objectives of each program, be measurable, and provide
  guidance for internal programmatic improvement and legislative funding decisions. The commission is
  expected to modify these performance indicators as goals and objectives are met and new inputs to
  programmatic outcomes are identified.”

2.1 SCOPE OF WORK

  The ATSC is seeking proposals for an independent third party with appropriate experience in health,
  preventive resources, health statistics and program evaluation expertise to perform monitoring and
  evaluation of programs as listed in the Arkansas Tobacco Settlement Proceeds Act of 2000 (Arkansas
  Code §19-12-101 through §19-12-119). The Arkansas Tobacco Settlement Proceeds Act of 2000 is
  provided in a separate document. To download the document, please go to:

                  http://www.atsc.arkansas.gov/ActAndByLaws/Documents/act.pdf

2.2 MANDATORY SERVICE REQUIREMENTS

  The requirements stated in this section of the RFP represent the Arkansas Tobacco Settlement
  Commission's best estimate of requirements for a program evaluation services contract. Any resulting
  contract will be for services only; Vendor is expected to provide all necessary equipment for performing
  work at Vendor offices and remote locations.

  The ATSC Programs are listed below with their common reference names or acronyms, as well as their
  main physical locations. Several programs have ancillary locations or sites elsewhere in the state not
  listed below. All programs will require travel by Vendor to their main physical locations for adequate
  monitoring and evaluation. Vendor should detail how travel and site visits would be accomplished.

     1. Arkansas Department of Health – Tobacco Prevention & Cessation Program
        Tobacco Prevention & Cessation Program (TPCP) – Little Rock, Arkansas

     2. University of Arkansas for Medical Sciences – Fay W. Boozman College of Public Health
        UAMS College of Public Health (COPH) – Little Rock, Arkansas

     3. University of Arkansas for Medical Sciences – Delta Area Health Education Center
        Delta Area Health Education Center (Delta AHEC) – Helena-West Helena, Arkansas

     4. University of Arkansas for Medical Sciences – Donald W. Reynolds Institute on Aging
        Arkansas Aging Initiative (AAI) – Little Rock, Arkansas

     5. Arkansas Minority Health Commission – Arkansas Minority Health Initiative
        Minority Health Initiative (MHI) – Little Rock, Arkansas

     6. Arkansas Bioscience Institute
        Arkansas Bioscience Institute (ABI) – Little Rock, Arkansas

     7. Department of Human Services – Medicaid Expansion Program
        Medicaid Expansion Program (MEP) – Little Rock, Arkansas

                                               13
2.3 STAFFING

  ATSC reserves the right of rejection of any Vendor staff assigned to the contract resulting from this
  RFP based on quality/quantity of work produced, work ethic, and suitability for assignment to project.

2.4 MANAGEMENT SUPPORT

  ATSC will designate a staff person to work directly with Vendor and act as a liaison between Vendor
  and ATSC leadership. Vendor must be available to meet on site with ATSC Commissioners and staff
  on an as needed basis to plan and assess requirements for program evaluation services. Vendor must
  be available for conference calls as well as any phone or web-based conferences or meetings with
  ATSC and staff at times as requested by ATSC.

2.5 ELECTRONIC FORMAT OF DOCUMENTS, DATA AND OTHER MATERIALS

  All documents and materials shall be provided to the ATSC in a Microsoft software format. Data
  collected and used for the compilation of the biennial report (Section 4.0) shall be provided to the ATSC
  in a Microsoft Excel compatible format.

2.6 PERFORMANCE INDICATORS

  Benchmarks will be established during the negotiation period for this contract by the ATSC with
  participation of the Vendor as performance indicators and measurement for the success of this contract
  throughout the term of contract and any extended periods (Attachment C).

2.7 CONTRACT COMPONENTS

  Any and all portions of this published RFP and normally any and all portions of the Provider's response
  will be incorporated by reference as part of the final contract. Also, any agreement(s) in the contract
  negotiation will become part of the contract.

  The completed proposal should be limited to no more than 65 pages (excluding attachments such as
  disclosure forms, examples of reports requested, original solicitation document, etc.).

2.8 TOBACCO DISCLOSURE ACKNOWLEDGEMENT

  Vendors must disclose any associations or relationships with the tobacco industry which have occurred
  within the past twenty-four months, including associations or relationships with the tobacco industry of
  any employees assigned to this contract.

  A disclosure form is attached (Attachment B) and must be signed and submitted with Vendor’s bid. If
  an association or relationship has been or is currently present, the Tobacco Disclosure
  Acknowledgement should provide the ATSC with detailed information regarding:

     1.   Scope of the association or relationship;
     2.   Timeframe for when the association was established and when the association ended;
     3.   Whether or not compensation was awarded for the association; and
     4.   What was the amount of compensation awarded.

2.9 CLARIFICATION OF RFP

  If additional information is necessary to enable respondents to better interpret the information contained
  in the RFP, written questions will be accepted until the close of business on the date specified in the
  Anticipated Procurement Timetable. Vendor questions submitted in writing via email or fax will be
  consolidated and responded to by the ATSC. The consolidated written response will be posted on the

                                                14
   ATSC website on or before the close of business on the date specified in the Anticipated Procurement
   Timetable. Answers to verbal questions may be given as a matter of courtesy and must be evaluated
   at Vendor’s risk. Questions shall be emailed or faxed to:

          Contact:       Aaron Parish Black
          Email:         aaron.black@arkansas.gov
          Fax:           501-683-0078


                             SECTION 3: RFP SUBMISSION FORMAT

3.0 RFP SUBMISSIONS OVERVIEW

   The ATSC has established the following minimum criteria to be included in proposal submission. At a
   minimum, the proposal must provide:

         Biennial Reports
         Project Management, Monitoring and Evaluation
         Integration with ATSC Evaluation Strategy
         Neutrality of Vendor
         Vendor Experience and Marketplace History
         Budget Detail, Cost Methodology & Fee Structure
              o Narrative Detail
              o Cost Analysis/Pricing Assessment

   ORIGINAL PROPOSAL SHOULD BE INDEXED AND TABBED INDICATING THE ABOVE SECTIONS.

3.1 BINDING

   Vendor should not staple or bind the proposal in anyway other than through the use of a standard,
   removable binder clip.

   Paragraphs not needing a specific Vendor statement may be responded to with the word
   “Acknowledge.” If a Vendor fails to respond to a paragraph, the lack of response will be interpreted as
   an affirmative response.

   If the Vendor refers to handbooks and technical documentation as part of his response, such
   references must include page and paragraph information to allow ATSC to quickly locate the reference.
   Vendor responses containing ONLY page and paragraph references to handbooks and technical
   documentation, with no narrative explaining the references, will not be acceptable.

3.2 ORAL PRESENTATIONS

   Upon completion of the scoring of the Vendors, the ATSC may require the Vendors with the top two
   scores to make oral presentations to the Commission. The presentations of the top two scoring
   Vendors would subsequently be scored. The presentation score and the RFP submission scores would
   be combined to select a final Vendor. Vendor’s refusal to honor the request for oral presentation, or
   inability of a Vendor to provide an acceptable presentation will result in rejection of their bid.

3.3 COST PROPOSAL

   Cost proposals must be submitted under separate cover with RFP submission on the Official Proposal
   Price Sheet (located in Section 6). Vendor’s total bid amount must include all expenses anticipated to
   occur in the provision of requested services.


                                                15
3.4 OFFICIAL PROPOSAL PRICE SHEET

  1. For any work outside the bounds of this contract, Vendor must list specific rates to be charged for
     any work performed. Said work must be approved in advance by ATSC staff prior to its initiation.

  2. The quoted cost for each service bid must be provided and must be valid for one-hundred and
     twenty (120) calendar days following bid opening, and shall be included in the costing program
     evaluation.

  3. For provision of the service as described, the Vendor will indicate on the attached "Official Proposal
     Price Sheet" (Section 6) the fixed amount that will be charged.

  4. Any cost not identified by the Vendor but subsequently incurred in order to achieve minimum bid
     requirements will be borne by the Vendor.


             SECTION 4: SERVICE REQUIREMENTS AND EVALUATION CRITERIA

  Vendor’s technical proposals should respond to each paragraph in Section 4 in order to receive a
  complete evaluation.

4.0 PROPOSAL EVALUATION CRITERIA

  Following the RFP opening, proposals will be evaluated in three phases. The first phase will determine
  if the mandatory requirements of the RFP have been agreed to and/or met. Failure to comply will deem
  the proposal non-responsive. Any proposal that is incomplete may be rejected by the State. However,
  the State may waive minor irregularities. This phase will be completed by the Commission.

  The second phase is evaluation of criteria items (from the table below) using the considerations
  referenced in this RFP. This phase will be completed by an impartial committee established by the
  ATSC.

  The third phase will be awarding of Cost Proposal points to be determined by the following formula:
  a/b x c = d (dividing lowest price by the next lowest price and multiplying by the number of points
  available equals the number of points awarded). The effect of the formula is to insure that the lowest
  cost proposal receives the maximum number of points and each of the other proposals receive
  proportionately fewer points based on proposed RFP price. The contract will be awarded to the
  respondent whose proposal receives the highest number of cumulative points.

  The proposals will be evaluated and awarded points based on a comparative formula of relative
  weighting as detailed below:

                                  Eligibility Criteria                              Pass/Fail

      NEUTRALITY OF VENDOR                                                         Pass/Fail
                                 Evaluation Criteria                              Total Weight

      BIENNIAL REPORTS                                                                 20
      PROJECT MANAGEMENT, MONITORING AND EVALUATION                                   150
      INTEGRATION WITH ATSC EVALUATION STRATEGY                                        40
      VENDOR EXPERIENCE & MARKETPLACE HISTORY                                          90



                                                 16
       BUDGET DETAIL, COST METHODOLOGY, & FEE STRUCTURE                                125

       TOTAL POSSIBLE POINTS                                                           425

  THERE SHALL BE NO DEVIATION FROM THE OUTLINED PRICING STRUCTURE DETAILED ON
  THE PROPOSAL PRICING SHEET. PROPOSAL COST SHALL BE PRESENTED AS DETAILED IN
  THIS RFP; FAILURE TO DO SO MAY DISQUALIFY A PROPOSAL FROM CONSIDERATION.

  COST PROPOSAL MUST BE SUBMITTED UNDER SEPARATE COVER. ANY REFERENCE TO
  COST(S) INCLUDED WITH THE TECHNICAL/BUSINESS PROPOSAL WILL RESULT IN
  OFFEROR’S PROPOSAL BEING REJECTED. THE TECHNICAL/BUSINESS PROPOSAL WILL BE
  EVALUATED PRIOR TO THE COST PROPOSAL CONTENTS BEING REVIEWED.

4.1 NEUTRALITY OF VENDOR                                                                         Pass/Fail

  Organization’s demonstration and ability to remain a neutral, third-party and independent as stated in
  the Arkansas Tobacco Settlement Proceeds Act of 2000. Aspects impacting neutrality include:

     1. Associations with in-state or out-of-state tobacco programs or initiatives;
     2. Existing contracts with programs or institutions affiliated with Arkansas Tobacco Settlement
        Programs;
     3. Institutional connections to programs funded through Arkansas Tobacco Settlement Funds.
     4. Ancillary connections to programs funded through Arkansas Tobacco Settlement Funds.

4.2 PREPARATION OF BIENNIAL REPORTS                                                    20 Points Possible

  Vendor shall be responsible for the preparation of biennial reports to be delivered in a final printed
  format to the Commission by July 15 of an even numbered year. The Commission, as mandated by the
  Initiated Act, is required to provide the report to the Arkansas General Assembly and the Governor by
  August 1 of each even numbered year. Drafts of the reports will be available for review by the
  Programs and the Commission as specified below. Feedback from the Programs and Commission will
  be considered and Vendor will conduct appropriate revisions. The revised, final draft will be presented
  to the entire Commission no later than June 1 of each even numbered year. Reports should be
  prepared in such a way as to be compatible with posting to the Commission website. Vendor shall be
  responsible for the costs associated with printing and binding 300 copies of each of report in full color.
  Vendor will be required to submit sample reports with their proposals for review. These samples need
  not be in elaborate bindings, the review committee will be looking for the completeness & the
  organization of the information presented not the bindings or notebooks.

  The report presented during even numbered years (calendar year 2012, 2014, and so forth) shall be a
  complete report covering two years of monitoring and evaluation by the Vendor. This report will include
  an executive summary.

     1. The Executive Summary will be drafted for potential review by an audience encompassing the
        Commission, other state agencies, elected officials, professional organizations, and the general
        public. This summary should be fashioned in a manner which is easily readable, concise, and
        appropriate for the diverse audience which will review the summary. The draft of the Executive
        Summary is due not later than April 1 of each even numbered year.
     2. The Complete Report will be drafted for review by a more specific audience encompassing the
        Commission, other state agencies, elected officials and other professional organizations. The
        Complete Report should include the Executive Summary, and will expound on the full details
        and data collected on each program. The Complete Report should still be fashioned in a
        manner which is easily readable and appropriate for the audience. Vendor should make every
        effort to provide the necessary details in the Complete Report in as concise a manner as
        possible. The draft of the Complete Report is due no later than May 1 of each even numbered

                                                17
         year. Sample reports are required with the proposal for evaluation purposes. These samples
         need not be in elaborate bindings, the review committee will be looking for the completeness &
         the organization of the information presented not the bindings or notebooks.

4.3 PROJECT MANAGEMENT, MONITORING & EVALUATION                                    150 Points Possible

  Vendor should describe services to be provided in detail. Services provided must include at a minimum,
  monitoring and evaluation of each listed program, including monitoring and evaluation of program
  expenditures made from the Program Accounts pursuant to this Act. Program monitoring and
  evaluation should consider the current operations, functions, and outcomes of the programs, while
  incorporating past reviews and performance ratings. Vendor must be able to fully incorporate previous
  outcomes and evaluations into future reports. The Vendor should provide the following components for
  the comprehensive evaluation and monitoring required as a result of this contract:

     1. Please describe your overall project management plan;
     2. Please describe your Reporting/Communications Plan including detail on reports to the ATSC,
        General Assembly, and Governor due annually;
     3. Please describe your approach to Evaluation Design: logic model that identifies key inputs, data
        sources, intermediate and long-range indicators and evaluation strategies;
     4. Identify your Study/Design Methods for surveillance and data collection/analysis tools and
        method to measure these indicators and/or progress;
     5. How are your data collection/analysis tools and measure similar to or different than the current
        data collection/analysis tools used for program review (as referred to in past reports on the
        Commission’s website);
     6. Please describe your Data Analysis Plan for communication between evaluation and program
        components to provide feedback/results, and a scientific basis for program decision-making;
     7. Please describe how you will utilize existing short and long-term performance indicators for
        programmatic functions, as well as adapt them for future program changes and growth;
     8. Please describe how you will incorporate past evaluations and reports on each program into
        your planned reporting system.

4.4 INTEGRATION WITH ATSC EVALUATION STRATEGY                                       40 Points Possible

  Vendor’s ability to integrate with the Arkansas Tobacco Settlement Commission’s evaluation strategy:

     1. Ability of the Organization to work collaboratively with the ATSC (location, technological
        resources, etc) by using the information in the Evaluation Overview Section of the ATSC
        Biennial Report to the Governor and Arkansas General Assembly.
     2. Organization's plan to work with available data sources (e.g., Arkansas Department of Health
        Behavioral Risk Factor Surveillance Data, Tobacco Control and Prevention Evaluation
        Component, Minority Health Commission, etc.) and demonstrated past similar experience (in
        Arkansas or other states).

4.5 VENDOR EXPERIENCE & MARKETPLACE HISTORY                                         90 Points Possible

  The proposal must detail the Vendor's familiarity and proven experience with this type of service
  contract and demonstrated ability to serve the ATSC’s needs for services associated with these
  activities. Vendor must provide detailed narrative information to include the following at a minimum:

     1. Number of years of experience in designing and implementing program evaluation services as
        the proposed comprehensive evaluation;

     2. Understanding the impact of public health initiatives in improving health and healthcare of a
        population, and for informing public health policy;



                                               18
     3. Demonstrated experience in providing mandated long term program evaluation services across
        multiple sectors/organizations;

     4. Number of current clients for which Vendor is currently providing program evaluation services;

     5. Experience working with state public health agencies and minority populations;

     6. Data Analysis expertise including analytic skills in epidemiology, and qualitative/quantitative
        statistical analysis;

     7. Methodological expertise in quantitative modeling, health services research, case study
        methodology, and survey design;

     8. Access or subscriptions to standard research information resources;

     9. Communications/reporting expertise directed to multiple audiences: policymakers, program
        administrators, the media, nonprofit advocacy organizations and stakeholders in the private
        sector;

     10. The proposal should detail how the respondent has and will make available sufficient personnel
         resources to work within the specified time constraints and to maintain necessary performance
         levels;

     11. The proposal must detail the number and qualifications of personnel required to perform the
         work requested;

     12. The proposal must include resumes specifying the qualifications and experience of the
         management personnel. The resumes must include the education, current management
         position and description, number of years of service with the Vendor, and any other relevant
         information. Resumes should be submitted as attachments and not listed in the response;

     13. Ability of the organization to provide evidence to the Arkansas Tobacco Settlement
         Commission, the General Assembly and the Governor of expertise in developing and
         implementing program evaluations in public health, health care financing, and prevention
         research:
             a) Organization's understanding of the impact of public health initiatives in improving the
                 health and healthcare of a population and assessment capability of such programs.
             b) Qualifications and expertise of key Organization staff to be assigned to the project
                 including expertise in epidemiology, health services research, survey design, and case
                 study methodology.
             c) Organization's ability and experience in analyzing public health primary and secondary
                 program data including qualitative and quantitative analysis.
             d) Demonstrated ability and experience in working with diverse governmental or private
                 agencies, in carrying out evaluation activities and communicating findings including
                 State specific and State results in a national context.

4.6 BUDGET DETAIL, COST METHODOLOGY, & FEE STRUCTURE                                125 Points Possible

  4.6.1 Narrative Detail

         Vendors must provide a narrative detailing the following:

         1. The cost effectiveness of the work proposed;

         2. Proof that sufficient funds are allocated to support key elements of the proposed project;


                                               19
         3. Budget analysis that is consistent with the intent of the program, and is clearly linked to the
            goals, objectives, and activities proposed for the RFP period;

         4. The effectiveness and efficiency of proposed staff and subcontracted work.


  4.6.2 Cost Analysis/Pricing Assessment

         Lowest total contract cost bid for the service will receive 80 points. The total contract cost
         includes all cost incurred over the contract term. Bids shall receive points in accordance with the
         following formula:

                       (a/b)*c = d where
                       a = lowest cost bid
                       b = second (third, fourth, etc.) cost bid
                       c = maximum number of points allowed for cost
                       d = number of points for cost allocated to respective Vendor


                                SECTION 5: VENDOR SELECTION

5.0 PROPOSAL EVALUATION CRITERIA

  Responses will be reviewed by the ATSC to ensure that all mandatory requirements have been met.

  An evaluation team determined by ATSC will score Vendors based upon a number of criteria including
  the clarity and comprehensiveness of the proposal, the respondent’s ability to perform as demonstrated
  through their experience, knowledge, qualifications, written and verbal skills, understanding of the
  communication needs of the key agencies, absence of disqualifying relationships or conflicts of interest,
  and reasonableness of proposed fees.

  In the event it is deemed necessary to have the top two highest scoring Vendors further explain or
  demonstrate the functions of the proposed service, Vendors may be required to make oral and/or
  written presentations and/or demonstrations to comply with the requirement. These presentations may
  be done through electronic media or in person. Any travel associated with these presentations will be at
  Vendor’s expense.

5.1 AWARD

  Based on the evaluation and scoring of the RFP Selection Committee, the proposal determined to be
  the most advantageous to the ATSC may be selected for further action, such as oral presentation,
  additional contract negotiations, and/or the awarding of a Contract. If, however, the ATSC decides that
  no proposal is sufficiently advantageous to the Commission, the ATSC may take whatever action is
  deemed necessary to fulfill its needs. If, for any reason, a proposal is selected (notification by letter)
  and it is not possible to reach a satisfactory contractual agreement with the Provider, the ATSC or their
  designee, will cease all activities with the Vendor and begin contract negotiations with the next highest
  ranked Vendor or the Vendor the ATSC determines to be in the Commission's best interest. This
  process may continue until both the Vendor and the ATSC execute a completed contract or the ATSC
  determines that no acceptable alternative proposal exists.




                                                20
                               SECTION 6: OFFICIAL PROPOSAL PRICING SHEET

IMPORTANT NOTE: Proposal pricing sheet must be submitted under separate cover from the proposal. Failure to seal pricing
information separately will cause the Vendor’s proposal to be disqualified.

IMPORTANT NOTE: Proposal pricing sheet must include totals for the entire contract period (estimated to run from November
of 2011 through December of 2013). Failure to provide pricing for the entire contract period (estimated 26 months) may cause
the Vendor to be disqualified.

         A. Salary & Fringe Expenses:                                                        November 2011-December 2013
         Personnel                                                                    Number Rate per       Total Salary
                                            Description of Role
        Name & Title                                                                  of Days    Day          Amount




                         Total: Salary & Fringe Expenses                                             $

        B. Non-Salary Expenses: Please provide a detailed description of each cost.         November 2011-December 2013
    Travel Costs:

    Technology Costs:

    Direct Costs:

    Indirect Costs:

    Other Costs:




                         Total: Non-Salary Vendor Expenses                                            $

    GRAND TOTAL: Include totals from tables A and B.                                        November 2011-December 2013
                                                                                                     $

       Any cost not included but subsequently incurred will be the responsibility of the Vendor.
       Responses should provide at least a one hundred twenty (120) day acceptance period due to the time required to tabulate
        and evaluate responses and make award.




                                                             21
                                                         STANDARD TERMS AND CONDITIONS

GENERAL: Any special terms and conditions included in the RFP override these standard terms and conditions. The standard terms and conditions and
any special terms and conditions become part of any contract entered into if any or all parts of the response are accepted by the State of Arkansas.

CURRENCY: All RFP pricing and cost must be listed in United States dollars and cents and only two places past the decimal point.

LANGUAGE: RFP will only be accepted in the English language.

ACCEPTANCE AND REJECTION: The state reserves the right to accept or reject all or any part of a response or any and all responses, to waive minor
technicalities, and to award the solicitation to best serve the interest of the state.

RESPONSE SUBMISSION: Responses must be submitted to the ATSC on this form, with attachments when appropriate, on or before the date and time
specified for the solicitation opening. If this form is not used, the response may be rejected. The response must be typed or printed in ink. The signature
must be in ink. Unsigned responses will be disqualified. The person signing the response should show title or authority to bind his/her firm in a contract.
Each response should be placed in a separate envelope completely and properly identified. Late responses will not be considered under any
circumstances.

PRICES: Quote F.O.B. destination. Bid the unit price. In case of errors in extension, unit prices shall govern. Prices are firm and not subject to escalation
unless otherwise specified in the solicitation. Unless otherwise specified, the response must be firm for acceptance for ninety days from the response
opening date. "Discount from list" responses are not acceptable unless requested in the RFP.

QUANTITIES: Quantities stated in term contracts are estimates only, and are not guaranteed. Provide 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. Quantities stated on firm contracts are actual
requirements of the ordering agency.

BRAND NAME REFERENCES: Any catalog brand name or manufacturer’s reference used in the RFP is descriptive only, not restrictive, and used to
indicate the type and quality desired. Bids on brands of like nature and quality will be considered. If responding on other than referenced specifications, the
RFP 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 state reserves the right to determine whether a substitute offered is equivalent to and meets the standards of the
item specified, and the state may require the respondent to supply additional descriptive material. The respondent guarantees that the product offered will
meet or exceed specifications identified in this RFP. If the respondent takes no exception to specifications or reference data in this RFP, he will be required
to furnish the product according to brand names, numbers, etc., as specified in the invitation.

GUARANTY: All items bid shall be newly manufactured, in first-class condition, latest model and design, including, where applicable, containers suitable for
shipment and storage, unless otherwise indicated in the RFP. The bidder hereby guarantees that everything furnished hereunder will be free from defects in
design, workmanship and material, that if sold by drawing, sample or specification, it will conform thereto and will serve the function for which it was
furnished. The contractor further guarantees that if the items furnished hereunder are to be installed by the contractor, such items will function properly
when installed. The contractor also guarantees that all applicable laws have been complied with relating to construction, packaging, labeling and registration.
The contractor’s obligations under this paragraph shall survive for a period of one year from the date of delivery, unless otherwise specified herein.

SAMPLES: Samples or demonstrators, when requested, must be furnished free of expense to the state. Each sample should be marked with the Vendor's
name and address, solicitation number and item number. If samples are not destroyed during reasonable examination they will be returned at the Vendor's
expense, if requested, within ten days following the opening of responses. All demonstrators will be returned after reasonable examination.

TESTING PROCEDURES FOR SPECIFICATIONS COMPLIANCE: Tests may be performed on samples or demonstrators submitted with the response or
on samples taken from the regular shipment. In the event products tested fail to meet or exceed all conditions and requirements of the specifications, the
cost of the sample used and the reasonable cost of the testing shall be borne by the Vendor.

AMENDMENTS: The solicitation cannot be altered or amended after the response opening except as permitted by regulation.

TAXES AND TRADE DISCOUNTS: Do not include state or local sales taxes in the response price. Most state agencies must pay state sales tax. Before
billing, the awarded contractor should contact the ordering agency to find out if that agency must pay sales tax. Itemize state sales tax when applicable on
invoices. Trade discounts should be deducted from the unit price and the net price should be shown in the response.

AWARD: Term Contracts: A contract award will be issued to the successful Vendor(s). It results in a binding obligation without further action by either
party. This award does not authorize shipment. Shipment is authorized by the receipt of a purchase order from the ordering agency. Firm Contracts: A
written state purchase order authorizing shipment will be furnished to the successful Vendor.

LENGTH OF CONTRACT: The RFP will show the period of time the term contract will be in effect.

DELIVERY ON FIRM CONTRACTS: The RFP will show the number of days to place a commodity in the ordering agency's designated location under
normal conditions. If the Vendor cannot meet the stated delivery, alternate delivery schedules may become a factor in an award. The ATSC has the right to
extend delivery if reasons appear valid. If the date is not acceptable, the agency may buy elsewhere and any additional cost will be borne by the Vendor.


                                                                            22
DELIVERY REQUIREMENTS: No substitutions or cancellations are permitted without written approval of the ATSC. Delivery shall be made during agency
work hours only 8:00 a.m. to 4:30 p.m., unless prior approval for other delivery has been obtained from the agency. Packing memoranda shall be enclosed
with each shipment.

STORAGE: The ordering agency is responsible for storage if the contractor delivers within the time required and the agency cannot accept delivery.

DEFAULT: All commodities furnished will be subject to inspection and acceptance of the ordering agency after delivery. Back orders, default in promised
delivery, or failure to meet specifications authorize the ATSC to cancel this contract or any portion of it and reasonably purchase commodities elsewhere and
charge full increase, if any, in cost and handling to the defaulting contractor. The contractor must give written notice to the Office of State Procurement and
ordering agency of the reason and the expected delivery date. Consistent failure to meet delivery without a valid reason may cause removal from the
Vendors list or suspension of eligibility for award.

VARIATION IN QUANTITY: The state assumes no liability for commodities produced, processed or shipped in excess of the amount specified on the
agency's purchase order.

INVOICING: The contractor shall be paid upon the completion of all of the following: (1) submission of an original and the specified number of copies of a
properly itemized invoice showing the solicitation and purchase order numbers, where itemized in the RFP, (2) delivery and acceptance of the commodities
and (3) proper and legal processing of the invoice by all necessary state agencies. Invoices must be sent to the "Invoice To" point shown on the purchase
order.

STATE PROPERTY: Any specifications, drawings, technical information, dies, cuts, negatives, positives, data or any other commodity furnished to the
contractor hereunder or in contemplation hereof or developed by the contractor for use hereunder shall remain property of the state, be kept confidential, be
used only as expressly authorized and returned at the contractor's expense to the F.O.B. point properly identifying what is being returned.

PATENTS OR COPYRIGHTS: The contractor agrees to indemnify and hold the State harmless from all claims, damages and costs including attorneys'
fees, arising from infringement of patents or copyrights.

ASSIGNMENT: Any contract entered into pursuant to this RFP is not assignable nor the duties thereunder delegable by either party without the written
consent of the other party of the contract.

OTHER REMEDIES: In addition to the remedies outlined herein, the contractor and the state have the right to pursue any other remedy permitted by law or
in equity.

LACK OF FUNDS: The state may cancel this contract to the extent funds are no longer legally available for expenditures under this contract. Any delivered
but unpaid for goods will be returned in normal condition to the contractor by the state. If the state 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 a claim with the Arkansas Claims Commission. If the contractor has
provided services and there are no longer funds legally available to pay for the services, the contractor may file a claim.

DISCRIMINATION: In order to comply with the provision of Act 954 of 1977, relating to unfair employment practices, the Vendor agrees that: (a) the Vendor
will not discriminate against any employee or applicant for employment because of race, sex, color, age, religion, handicap, or national origin; (b) in all
solicitations or advertisements for employees, the Vendor will state that all qualified applicants will receive consideration without regard to race, color, sex,
age, religion, handicap, or national origin; (c) the Vendor will furnish such relevant information and reports as requested by the Human Resources
Commission for the purpose of determining compliance with the statute; (d) failure of the Vendor to comply with the statute, the rules and regulations
promulgated thereunder and this nondiscrimination clause shall be deemed a breach of contract and it may be cancelled, terminated or suspended in whole
or in part; (e) the Vendor will include the provisions of items (a) through (d) in every subcontract so that such provisions will be binding upon such
subcontractor or Vendor.

CONTINGENT FEE: The Vendor guarantees that he has not retained a person to solicit or secure this 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 Vendor for the purpose of securing business.

ANTITRUST ASSIGNMENT: As part of the consideration for entering into any contract pursuant to this RFP, the respondent named on the front of this
RFP, acting herein by the authorized individual or its duly authorized agent, hereby assigns, sells and transfers to the State of Arkansas 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 prior to the date of this assignment and which relate solely to the particular goods or services purchased or produced by this State pursuant to this
contract.

DISCLOSURE: Failure to make any disclosure required by Governor's Executive Order 98-04, or any violation of any rule, regulation, or policy adopted
pursuant to that order, shall be a material breach of the terms of this contract. Any contractor, whether an individual or entity, who fails to make the required
disclosure or who violates any rule, regulation, or policy shall be subject to all legal remedies available to the agency.




                                                                             23
                                              ATTACHMENT A

                        OWNERSHIP OF DOCUMENTS, RESTRICTION FOR USE OF
                             DOCUMENTS, DATA & OTHER MATERIALS



By signing this document, the undersigned and the Vendor listed acknowledge all records are the property of
the ATSC. If a Contract resulting from this RFP is not renewed or is terminated for any reason the Vendor must
deliver within thirty (30) days to ATSC such records, documents, accounts, files, and other materials developed
by the Vendor.

Vendor hereby agrees that any document(s) or file(s) supplied by the Arkansas Tobacco Settlement
Commission (ATSC) to the Vendor for the purpose of Program Evaluation Services with regard this RFP shall
be held in strict confidentiality. Any document(s), file(s) and other material(s) supplied by the ATSC to the
Vendor for the purpose of program evaluation shall remain the property of ATSC and shall not be released to
any outside party. Any other contractor with whom the Vendor subcontracts shall also sign this Confidentiality
Agreement.

It is the express intention of this Agreement that publication of results of the research supported herein be
made available to the public, in compliance with Arkansas’s Freedom Of Information Act. Vendor may use any
document(s), file(s) and other material(s) for the purpose of conducting or promoting other additional health
research. Prior to the publication of other research, Vendor must submit to the ATSC any publication in which
document(s), file(s) or other material(s) from this contract are used. Vendor will be free to proceed with
publication after a three week review by the ATSC, whether or not any comments or recommendations were
issued by the ATSC. Use of any document(s), file(s), or other material(s) for any other purpose than listed in
this paragraph shall require prior, written consent of the ATSC.


Vendor Name:

Name (type or print):

Title:

Address:




Signature:
                                                 Use Ink Only




                                                     24
                                               ATTACHMENT B

                                TOBACCO INDUSTRY DISCLOSURE FORM


Vendors must disclose any associations or relationships with the tobacco industry which have occurred within
the past twenty-four months, including associations or relationships with the tobacco industry of any of
Vendor’s employees assigned to this contract.

If an association or relationship has been or is currently present, the Vendor should provide the ATSC with
detailed information regarding:

    1. Scope of the association or relationship;




    2. Timeframe for when the association was established and when the association ended;




    3. Whether or not compensation was awarded for the association; and




    4. What was the amount of compensation awarded.




Vendor Name:

Name (type or print):

Title:

Address:




Signature:

                                                   Use Ink Only


                                                      25
                                               ATTACHMENT C

                                        PERFORMANCE INDICATORS

Vendor Expenses & Invoices:

All Vendor expenses must be identified on the Official Price Proposal Page of the RFP. Vendor will be required
to turn in expenses as they are incurred. Payment will only be made for services rendered. ATSC will not pay
in advance for any services. The following criteria must be met prior to any payments being issued. These
requirements are non-negotiable.

   1. Invoices for the preceding billing period must be submitted to the ATSC no later than the fifteenth day
      of the month.
   2. All invoices must reference the ATSC assigned contract number.
   3. Invoices should provide a breakdown and review of expenses.
   4. Upon request, Vendor will provide the ATSC with detailed invoices for expenses, along with a
      justification as to the necessity of the expense.
   5. ATSC reserves the right to refuse any expense that is outside the scope of this contract.
   6. Payment will be made in accordance with applicable State of Arkansas accounting procedures.
   7. Invoices must be sent to: Arkansas Tobacco Settlement Commission, 101 East Capitol, Suite 108, Little
      Rock, AR 72201; or electronically to atsc@arkansas.gov.

Biennial Reports:

Biennial reports are required and must be delivered in final printed form no later than July 15 of each even
numbered year. The following requirements must be met prior to the acceptance of the Biennial Reports:

   1. The Executive Summary must be submitted for review prior to the printing of the final draft. This review
      is due to the Commission and Programs no later than April 1 of each even numbered year.
   2. The Complete Report must be submitted for review prior to printing of the final draft. This review is due
      to the Commission and Programs no later than May 1 of each even numbered year.
   3. If incorrect or inaccurate information is found in either report the Vendor will have five (5) days to
      respond to any requested corrections and resubmit the draft for further review. This section is not to be
      interpreted to remove the independent evaluation of the Vendor’s services, but rather to expedite the
      review process which will allow for adequate time to print the report.
   4. Final printing of any reports will only be authorized upon written consent of the Executive Director of the
      ATSC.
   5. ATSC will not be responsible for any cost not identified on the Official Proposal Price Page. Any extra
      costs incurred by the Vendor will be the responsibility of the Vendor. Any extra costs of re-printing
      reports that did not receive Commission approval will be the responsibility of the Vendor.

Travel & Meeting Requirements:

   1. Vendor will be responsible for travel and site visits at a minimum of once a year to each program
      location and the ATSC Offices.
   2. Vendor will be responsible for a minimum of one trip annually in order to testify before the Commission.
   3. Vendor will be responsible for a minimum of one trip annually in order to testify before the Arkansas
      General Assembly or the Governor.
   4. Vendor will be responsible for a minimum of one conference call each quarter to each program and the
      ATSC Staff. This call will be to review the program activities and provide evaluation of the program
      progress. After the conference call meetings, Vendor will be responsible for submitting to the
      Commission a written overview of each call, Vendor progress, and Program progress.




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