20170316
NOTICE OF FUNDS AVAILABILITY
SOLICITATION DOCUMENT
SOLICITATION INFORMATION
NOFA Number: NOFA Issued:
Description:
The purpose of this project is to support the smooth transition of stroke and transient
ischemic attack (TIA) patients from the hospital setting back home. This NOFA
provides funding support to ambulance services that either have or do not yet have an
existing community paramedicine program in place.
Agency:
Arkansas Department of Health (ADH) – Office of Preparedness and Emergency
Response Systems (OPERS)
SUBMISSION DEADLINE FOR RESPONSE
Application Due Date/Time:
Applications shall not be accepted after the due date and time. It is the responsibility of the applicant to submit
responses at the designated location on or before the application due date and time. Responses received after the
designated application due date and time shall be considered late and shall be returned without further consideration.
The Arkansas Department of Health Email system shall be used as the sole determinate of date and time of receipt of
Application Packets.
SUBMISSION OF RESPONSE DOCUMENTS
Delivery Method:
Applications must be submitted electronically to the issuing Leanna Clark. [email protected]
ARKANSAS DEPARTMENT OF HEALTH CONTACT INFORMATION
Issuing Officer: Tim O'Brien
Phone
Number:
501-280-4573
Email Address:
Fax
Number:
ADH Website: http://www.healthy.arkansas.gov/aboutADH/Pages/GrantBidOpportunities.aspx
DH-23-0009
11/16/23
12/19/2022 @ 4:00 PM
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SECTION 1 - GENERAL INFORMATION
• Do not provide responses to items in this section unless specifically and expressly required.
1.1 PURPOSE
The purpose of this project is to support the smooth transition of stroke and transient ischemic attack (TIA) patients
from the hospital setting back home. This NOFA provides funding support to ambulance services that either have or
do not yet have an existing community paramedicine program in place.
1.2 BACKGROUND
Transitions of Care is the movement of patients among providers, and the goal of transition management is to
facilitate seamless transitions across the continuum of care. It is also to achieve and maintain optimal adaptation,
outcomes, and quality of life for patients, families, and caregivers following a medical event.
1
Over the past several years, Arkansas has made significant progress improving emergency treatment and for acute
stroke patients. However, the transition back home for patients remains a continued challenge. After a stroke,
patients may experience physical, emotional, cognitive, and social complications. Poorly executed health care
transitions increase the risk of medical complications, poor patient outcomes, and caregiver stress. Going home
with a new disability raises concerns for health challenges and ultimately readmission to the hospital. Studies show
that interventions like close coordination of care, along with early follow-up care after hospital discharge, reduce the
rate of complications leading to readmission.
1
Many st
roke risk factors are lifestyle related and can increase stroke risk. These include conditions such as high
blood pressure, smoking, diabetes, obesity, high blood cholesterol, high fat diet and lack of exercise. Individuals
with these risk factors face an increased probability of developing stroke. If risk factors are properly addressed, this
can decrease the chance stroke will occur.
In June 2021, Arkansas received a grant from the Centers for Disease Control and Prevention’s Paul Coverdell
National Acute Stroke Program. This provides ADH an opportunity to sub-grant funding support for community
paramedicine programs to help support grant objectives. One of the key components for the grant is to “facilitate
engagement of patient navigators/community health workers in the management of those at highest risk for stroke
events and post-event discharge support and follow-up of stroke patients across clinical and community settings
.”
2
The objec
tives of this project are to:
o Increase the number of visits performed by community paramedics to post-acute stroke and TIA patients
discharged for the local hospital who return home to be cared for by the local physician
o Improve collaboration between hospital staff, primary care providers, and community paramedics and
stroke patients discharged from hospital or emergency department to home.
o Increase the level of health education and access to community resources for post-acute stroke patients.
o Improve care coordination for stroke patients post hospital, rehabilitation facility or emergency department
discharge.
o Demonstrate the impact of this model using identified metrics and evaluation methods.
1.3 GRANT PERIOD
A. The anticipated period shall be from February 1, 2023 through June 29, 2024. The initial term of a resulting sub
grant will be for Five (5) months (February 1, 2023 – June 29,
2023). Upon mutual agreement between the
applicant and the agency, the sub grant may be renewed for up to one (1) additional one-year term or portions
thereof contingent upon appropriation of funding and approvals. The amount of funding provided to sub-grantee
may change after year one of the program.
1.4 AVAILABLE FUNDING
A. The maximum amount per ambulance serviced awarded will be up to $25,000 of funding for the initial sub-grant
term. The actual amount per ambulance service may vary based on the total number of qualifying applicants.
B. Funding is contingent upon review and acceptance of application. The first two vendors that meet the
requirements will be accepted.
C. Funds must be used in accordance with the budget provided.
D. ADH reserves the right to determine allowable and non-allowable costs.
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E. Prior to award, ADH may increase the amount of funding in efforts to maximize program support. Recipient(s)
must submit a revised budget worksheet reflecting changes.
1.5 ELIGIBILITY & FUNDING REQUIREMENTS
Ambulance Services with Existing Community Paramedicine Programs
o All ambulance services with existing community paramedicine program operating in the state of Arkansas are
eligible to apply for this funding opportunity. These services include: Baxter Regional Medical Center, Bella
Vista Fire, Central EMS, North Arkansas Regional Medical Center, and MEMS.
Ambulance Services without Existing Community Paramedicine Programs
o Licensed ambulance service operating within the State of Arkansas.
o Operate in one of the counties, which ranked higher than 75 percentiles in the Minority Health Social
Vulnerability Index score and average mortality for acute stroke for each race between 2015 and 2019, listed
below:
Arkansas, Ashley, Benton, Bradley, Chicot, Clay, Cleveland, Columbia, Conway, Crittenden, Cross,
Faulkner, Greene, Hempstead, Jefferson, Johnson, Marion, Miller, Mississippi, Montgomery, Nevada,
Ouachita, Phillips, Poinsett, Pulaski, Sebastian, St. Francis, Union, Washington
App
licant must agree to the following requirements of this project be eligible to obtain funding:
EXI
STING COMMUNITY PARAMEDICINE PROGRAMS
The following describes requirements for ambulance services with existing community paramedicine programs:
Overview of Project Components
• Referrals – Ensure there is a process to receive post-acute stroke/TIA patient referrals.
• Visits – Conduct visits for post-acute stroke/TIA patients (in-person and/or virtually as needed).
• Reporting - Provide narrative reports to the ADH on monthly basis. Will include reporting number of
individuals (by demographics) reached from visits as well as discussion of successes/barriers.
• Evaluation - Collaborate with ADH staff on evaluation work for this project.
NOT
E: As indicated in the Budget Worksheet, the Applicant may direct funds to provide scholarships to
increase the number of Community Paramedics employed by the Applicant.
NO EX
ISTING COMMUNITY PARAMEDICINE PROGRAM
The following describes requirements for ambulance services that do not yet have a community paramedicine
program in place.
Overview of Project Components
• Certification – Ensure appropriate number of paramedics employed complete certification for the first
program cycle and report information to ADH. NOTE: It is required that the community paramedicine
license be maintained throughout at least June 2024.
• Reporting/Visits/Evaluation – Report number of new paramedics trained as community paramedics. For
future funding cycles, ensure paramedics conduct visits for post-acute stroke/TIA patients (in-person
and/or virtually as needed), provide monthly narrative reports and collaborate with ADH staff on program
evaluation.
1.6 BUDGET & JUSTIFICATION
A. Following receipt of the NOFA applicants, ADH will decide the amount of funding to be awarded per qualified
Applicant. ADH will then provide a budget worksheet to the Applicant. Applicant must complete the budget
worksheet provided as a separate file. The funding may be used to receive reimbursement for (a) paramedics to
complete a community paramedicine community paramedicine program and (b) conducting community outreach
visits and provide reporting to ADH in accordance with the deliverables of this NOFA.
B. Recipient(s) shall be reimbursed for allowable expenses only. Allowable expenses are those approved by ADH
within the budget’s itemized listing.
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1.7 ISSUING OFFICER
The issuing officer is the sole point of contact throughout this solicitation.
1.8 DEFINITION OF REQUIREMENT
A. The words “must” and “shall” signify a requirement of this NOFA and that vendor’s agreement to and
compliance with that item is mandatory.
B. Applicant may request exceptions to non-mandatory items. The requested exception should reference the
specific solicitation item number to which the exception applies.
1.9 DEFINITION OF TERMS
The issuing officer has made every effort to use industry-accepted terminology in the competitive bid and
will attempt to further clarify any point or item in question. The following acronyms will be used throughout
the document.
ADH: A
rkansas Department of Health
OSP: Office of State Procurement
NOFA: Notice of Funds Availability
1.10 APPLICATION INSTRUCTIONS
A. The NOFA solicitation document is for informational purposes and includes all details of the sub-grant.
B. App
licants must submit an Application Packet on or before the application due date/time.
C. The App
lication Packet should include and be arranged as follows:
• Sig
ned Application Signature Page
• Agreement and Compliance Pages (If included)
• Restriction of Boycott of Israel Certification
• Vendor Name Form
• SF-LLL Disclosure of Lobbying Activities
• E.O. 98-04 – Contract and Grant Disclosure and Certification Form, if $10,000 or greater
• Equal Employment Opportunity Policy (See Equal Opportunity Policy)
• Budget Worksheet
• Copy of Illegal Immigrant Certification https://www.ark.org/dfa/immigrant/index.php/user/welcome
• Business Associate Agreement (AS-4001)
1. The App
lication Packet must include complete documents including signatures as required.
D. DO NOT
include any other documents or ancillary information, such as a cover letter or promotional/marketing
information.
E. Label d
ocuments and/or information so as to reference the solicitation item number.
F. If ADH r
equests additional information, it must be delivered within three (3) business days of the request. ADH
reserves the right to disqualify applicant’s if additional information is not received within the timeframe specified.
1.10 APPLICATION SIGNATURE PAGE
A. An official authorized to bind the applicant to a resultant contract must sign the Application Signature Page
included in the Application Packet.
B. App
licant’s signature on this page shall signify vendor’s agreement that the following may cause the applicant’s
response to be disqualified:
• Addit
ional terms or conditions submitted intentionally or inadvertently
• Any exception that conflicts with a requirement of this Solicitation
• Incomplete documentation
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1.11 AGREEMENT AND COMPLIANCE PAGES
A. Applicant must sign all Agreement and Compliance Pages relevant to the solicitation document if provided in
the Application Packet.
B. Submi
ssion of applicant and applicant’s signature on these pages shall signify agreement to and compliance
with all requirements within the solicitation and application.
1.12 PRIME CONTRACTOR RESPONSIBILITY
A. A single recipient must be identified as the prime contractor.
B. No subc
ontractors are permitted.
1.13 FUNDING ESCALATION
A. ADH may increase funding throughout the duration of the contract.
B. Reci
pient must provide a revised budget reflecting the increase. ADH shall have the right to require additional
information pertaining to the increase.
C. ADH must approve of all budget revisions.
1.14 PROPRIETARY INFORMATION
A. Submission documents pertaining to this solicitation become the property of the State and are subject to the
Arkansas Freedom of Information Act (FOIA).
B. The vend
or shall be responsible for identifying all proprietary information and for ensuring the electronic copy is
protected against restoration of redacted data.
C. The redacted copy shall be open to public inspection under the Arkansas Freedom of Information Act (FOIA)
without further notice to the vendor.
D. If a r
edacted copy of the submission documents is not provided with vendor’s response packet, a copy of the
non-redacted documents, with the exception of financial data, shall be released in response to any request
made under the Arkansas Freedom of Information Act (FOIA).
E. If t
he State deems redacted information to be subject to Arkansas Freedom of Information (FOIA), the vendor
will be contacted prior to release of the documents.
1.15 CAUTION TO RECIPIENTS
A. Prior to any contract award, all communication concerning this solicitation must be addressed through ADH.
B. App
licant must not alter any language in any solicitation document provided by the State.
C. All o
fficial documents and correspondence related to this solicitation shall be included as part of the resultant
contract.
D. Respons
es must be submitted only in the English language.
E. The St
ate shall have the right to award or not award a contract, if it is in the best interest of the State to do so.
F. Ap
plicant must provide clarification of any information in their response documents as requested by ADH.
G. Quali
fications must meet or exceed the required specifications as set forth in this solicitation.
1.16 REQUIREMENT OF ADDENDUM
A. This solicitation shall be modified only by an addendum written and authorized by ADH.
B. An adde
ndum posted within three (3) calendar days prior to the application deadline and shall extend the due
date and may or may not include changes to the solicitation.
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C. The applicant shall be responsible for checking the ADH website,
http://www.healthy.arkansas.gov/aboutADH/Pages/GrantBidOpportunities.aspx
for any and all addenda up to
application deadline.
1.17 AWARD CRITERIA AND RESPONSIBILITY
A. ADH will provide funding based on the receipt, review, and acceptance of applications.
B. Any r
esultant sub-grant of this NOFA shall be subject to State approval processes which may include
Legislative review.
1.18 MINORITY BUSINESS POLICY
A. A minority-owned business is defined by Arkansas Code Annotated § 15-4-303 as a business owned by a
lawful permanent resident of this State who is:
• African American
• American Indian
• Asian American
• Hispanic American
• Pacific Islander American
• A Service Disabled Veteran as designated by the
United States Department of Veteran Affairs
B. A women-owned business is defined by Act 1080 of the 91
st
General Assembly Regular Session 2017 as a
business that is at least fifty-one percent (51%) owned by one (1) or more women who are lawful permanent
residents of this State.
C. The Ar
kansas Economic Development Commission conducts a certification process for minority-owned and
women-owned businesses. If certified, the Prospective Contractor’s Certification Number should be included on
the Application Signature Page.
1.19 EQUAL EMPLOYMENT OPPORTUNITY POLICY
A. In compliance with Arkansas Code Annotated § 19-11-104, the State is required to have a copy of the
applicant’s Equal Employment Opportunity (EEO) Policy prior to issuing a contract award.
B. EEO Pol
icies may be submitted in electronic format to the issuing officer, but should also be included as a
hardcopy accompanying the solicitation response.
C. The submission of an EEO Policy to ADH is a one-time requirement. Recipients are responsible for providing
updates or changes to their respective policies, and for supplying EEO Policies upon request to other State
agencies that must also comply with this statute.
D. Vendor
s who are not required by law by to have an EEO Policy must submit a written statement to that effect.
1.20 PROHIBITION OF EMPLOYMENT OF ILLEGAL IMMIGRANTS
A. Pursuant to Arkansas Code Annotated § 19-11-105, prior to the award of a sub-grant, selected recipients must
have a current certification on file with ADH stating that they do not employ or contract with illegal immigrants.
B. Reci
pients must complete their certification at https://www.ark.org/dfa/immigrant/index.php/user/welcome
and
should submit a hardcopy accompanying application packet.
1.21 RESTRICTION OF BOYCOTT OF ISRAEL
A. Pursuant to Arkansas Code Annotated § 25-1-503, a public entity shall not enter into a contract with a company
unless the contract includes a written certification that the person or company is not currently engaged in, and
agrees for the duration of the contract not to engage in, a boycott of Israel.
B. This
prohibition does not apply to a company which offers to provide the goods or services for at least twenty
percent (20%) less than the lowest certifying business.
C. By
checking the designated box on the signature page of the Application Packet, the applicant agrees and
certifies that they do not, and will not for the duration of the contract, boycott Israel.
1.22 CERTIFICATION REGARDING LOBBYING
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A. The applicant will comply with Public Law 101-121, Section 319 (Section 1352 of Title 31 U.S.C.) by certifying
that appropriated federal funds have not been or will not be used to pay any person to influence or attempt to
influence a federal official/employee in connection with awarding of any federal contract, sub-grant, loan or
cooperative agreement for an award in excess of $100,000.
B. If the ap
plicant has paid or will pay for lobbying using funds other than appropriated federal funds, Standard
Form-LLL (Disclosure of Lobbying Activities) shall be completed and included with the Application Packet.
1.23 CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
A. The recipient, as a lower tier recipient of federal funds, will comply with Executive Order 12549 (Certification
Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion – Lower Tier Covered Transactions).
B. By s
igning and submitting this application package, the applicant(s) understands and agrees, as defined in 45
CFR Part 76, and certifies to the best of its knowledge and belief that it and its principals:
• Are n
ot presently debarred, suspended proposed for debarment, declared ineligible, or voluntarily excluded
from participation in this transaction by any federal department of agency.
• Where the prospective lower tier participant is unable to certify to any of the above, such prospective
participant shall attach an explanation to this proposal.
1.24 PAST PERFORMANCE
An applicant’s past performance with the State may be used to determine if the applicant is “responsible.”
Responses submitted by applicant determined to be non-responsible shall be disqualified.
1.25 PUBLICITY
A. Do not discuss the solicitation nor your proposal response, nor issue statements or comments, nor provide
interviews to any public media during the solicitation and award process.
B. Fail
ure to comply with this requirement may be cause an applicant to be disqualified.
1.26 PRIVACY & SECURITY REQUIREMENTS
The Contractor shall:
1. At al
l times comply with the requirements of the Arkansas Personal Information Protection Act and any other
State/Federal laws, regulations, rules, and policies regarding the privacy and security of information.
2. Provide for physical and electronic security of all Protected Health Information generated or acquired by the
contractor in implementation of the contract, in compliance with Health Insurance Portability and Accountability
Act (HIPAA) and the Health Information Technology for Economic and Clinical Health (HITECH) Act, and
consistent with the Business Associate Agreement executed between the parties.
1.27 RESERVATION
The State will not pay costs incurred in the preparation of an application.
SECTION 2 – APPLICANT REQUIREMENTS
• Do not provide responses to items in this section unless specifically and expressly required.
2.1 SCOPE OF WORK
The purpose of this project is to support the smooth transition of stroke and transient ischemic attack (TIA) patients
from the hospital setting back home. This NOFA provides funding support to ambulance services that either have or
do not yet have an existing community paramedicine program in place.
2.2 RECIPIENT REQUIREMENTS
To be eligible to obtain funding from this Program, some requirements must be met at the time of application.
• See S
ection 1.5
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2.3 PERFORMANCE STANDARDS
A. The State shall have the right to modify, add, or delete Performance Standards throughout the term of the
contract, should the State 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
vendor so as to establish standards that are reasonably achievable.
B. Stat
e law requires that all contracts for services include Performance Standards for measuring the overall
quality of services provided. The table below, Performance Standards identifies expected deliverables,
performance measures, or outcomes, and defines the acceptable standards a vendor must meet in order to
avoid assessment of damages.
C. The St
ate 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.
D. The State shall have the right to modify, add, or delete Performance Standards throughout the term of the
contract, should the State 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
vendor so as to establish standards that are reasonably achievable.
E. All c
hanges made to the Performance Standards shall become an official part of the contract.
F. Per
formance Standards shall continue throughout the term of the contract.
G. Fail
ure to meet the minimum Performance Standards as specified shall result in the assessment of damages.
H. In th
e event a Performance Standard is not met, the vendor will have the opportunity to defend or respond to
the insufficiency. The State shall have the right to waive damages if it determines there were extenuating
factors beyond the control of the vendor that hindered the performance of services. In these instances, the
State shall have final determination of the performance acceptability.
I. Shoul
d any compensation be owed to the agency due to the assessment of damages, vendor shall follow the
direction of the agency regarding the required compensation process.
SECTION 3 – CRITERIA FOR SELECTION
• Do not provide responses to items in this section.
3.1 APPLICATION REVIEW PROCESS & PROCEDURE
A. ADH will collect applications via email.
B. Appl
ications received from ambulance services with an existing community paramedicine program in place will
be accepted for all applications that meet requirements.
C. ADH
will review each Application Packet to verify requirements. Applications that do not meet requirements will
be disqualified.
D. In th
e event that an application is disqualified, ADH will review the next consecutive application.
3.2 ACCEPTANCE OF REVIEW TECHNIQUE
A. Applicant must agree to the review process and procedure as defined in this solicitation.
B. The sub
mission of an Application Packet signifies the applicant understand and agrees that subjective
judgments may be made during the review.
3.4 PROSPECTIVE CONTRACTOR ACCEPTANCE OF EVALUATION TECHNIQUE
A. Prospective contractor must agree to all evaluation processes and procedures as defined in this solicitation.
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B. The submission of a Technical Proposal Packet signifies the prospective contractor understands and agrees
that subjective judgments will be made during the evaluation and scoring of the Technical Proposals.
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:
Arkans
as Department of Health
Stroke/STEMI Section
4815 W. Markham Street, Slot #14
Little Rock, AR 72205
• Final invoices must be submitted to (ADH) by June 10 of e
ach program year.
B. Pursuan
t to Arkansas Code Annotated 19-4-206, the agency shall certify that services have been performed or
the goods received prior to payment being authorized and processed.
C. Addit
ional documentation may be required when submitting invoices for payment.
4.2 USE OF FUNDS
A. Funds must be used to meet requirements of the sub-grant.
B. Funds may
not be used for items not identified on the budget with a budget adjustment request and/or prior
approvals.
4.3 CONDITIONS OF CONTRACT
A. Recipient(s) 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. Recip
ient(s) 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 vendor.
4.4 STATEMENT OF LIABILITY
A. The State will demonstrate reasonable care but will not be liable in the event of loss, destruction or theft of
recipient-owned equipment or software and technical and business or operations literature to be delivered or to
be used in the installation of deliverables and services. The recipient shall retain total liability for equipment,
software and technical and business or operations literature. The State shall not at any time be responsible for
or accept liability for any recipient-owned items.
B. The recipient’s liability for damages to the State shall be limited to the value of the sub-grant. The foregoing
limitation of liability shall not apply to claims for infringement of United States patent, copyright, trademarks or
trade secrets; to claims for personal injury or damage to property caused by the gross negligence or willful
misconduct of the vendor; to claims covered by other specific provisions of the contract calling for damages; or
to court costs or attorney’s fees awarded by a court in addition to damages after litigation based on the
contract. The recipient and the State shall not be liable to each other, regardless of the form of action, for
consequential, incidental, indirect, or special damages. This limitation of liability shall not apply to claims for
infringement of United States patent, copyright, trademark or trade secrets; to claims for personal injury or
damage to property caused by the gross negligence or willful misconduct of the vendor; to claims covered by
other specific provisions of the contract calling for damages; or to court costs or attorney’s fees awarded by a
court in addition to damages after litigation based on the contract.
C. Language in these terms and conditions shall not be construed or deemed as the State’s waiver of its right of
sovereign immunity. The vendor agrees that any claims against the State, whether sounding in tort or in
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contract, shall be brought before the Arkansas Claims Commission as provided by Arkansas law, and shall be
governed accordingly.
4.5 RECORD RETENTION
A. The applicant 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 the State of
Arkansas Law. Upon request, access shall be granted to State or Federal Government entities or any of their
duly authorized representatives.
B. Records shall be made available, upon request, to the State of Arkansas's designee(s) at any time during the
contract period and any extension thereof, for a period of five (5) years from the date this sub-grant expires, or
if an audit is pending at the end of the five-year period, until resolution of the audit. Department access to all
books, records, and other documents will be according to the procedures outlined in Section VIII, A, of this sub-
grant. HIPAA-related records will be retained for a minimum of six (6) years from the date of sub-grant
expiration.
4.6 ACCESS TO RECORDS
The recipient will grant access to its records upon request by duly authorized representatives of state or federal
government entities. Access will be given to any books, documents, papers, or records of the recipient related to
any services performed under the sub-grant.
4.7 CONFIDENTIALITY
A. The applicant, applicant’s subsidiaries, and applicant’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 during the course of providing services under a resulting contract.
B. Consi
stent and/or uncorrected breaches of confidentiality may constitute grounds for cancellation of a resulting
contract, and the State shall have the right to cancel the contract on these grounds.
C. Prev
ious sections of this bid solicitation may contain additional confidentiality Requirements.
4.8 CONTRACT INTERPRETATION
Should the State and vendor interpret specifications differently, either party may request clarification. However if an
agreement cannot be reached, the determination of the State shall be final and controlling.
4.9 LEGISLATIVE REVIEW
A. Act 1032 of 1999 specifies that no state agency shall award any discretionary sub-grant that exceeds
$10,000.00 prior to review by the Arkansas Legislative Council or the Joint Budget Committee.
B. If t
he state agency determines that an emergency exists the state agency may award the sub-grant prior to
review, and shall immediately notify the Legislative Council or Joint Budget Committee as to the facts
constituting the emergency.
C. All non-discretionary sub-grants are exempt from review.
D. Cert
ain discretionary sub-grants are exempt from review. These include:
• sub-grants to another governmental entity such as a state agency, public educational institution, federal
governmental entity or body of a local government
• disaster relief sub-grants
• sub-grants identified by the Arkansas Legislative Council to be exempt
• sub-grants deemed to contain confidential information that would be in violation of disclosure laws
• sub-grants for scholarship or financial assistance award to or for a post-secondary student
4.10 CANCELLATION
A. For Cause. The State may cancel any contract resulting from this solicitation for cause when the
recipient fails to perform its obligations under it by giving the recipient written notice of such
cancellation at least thirty (30) days prior to the date of proposed cancellation. In any written notice of
cancellation for cause, the State will advise the recipient in writing of the reasons why the State is
considering cancelling the contract and provide the recipient with an opportunity to avoid cancellation
for cause by curing any deficiencies identified in the notice of cancellation for cause prior to the date of
proposed cancellation. To the extent permitted by law and at the discretion of the parties, the parties
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may agree to minor amendments to the contract and avoid the cancellation for cause upon mutual
agreement.
B. For Convenience. The State may cancel any contract resulting from the solicitation by giving the
Recipient written notice of such cancellation sixty (60) days prior to the date of cancellation.
C. If
upon cancellation the recipient has provided commodities or services which the State of Arkansas has
accepted, and there are no funds legally available to pay for the commodities or services, the recipient may file
a claim with the Arkansas Claims Commission under the laws and regulations governing the filing of such
claims.
4.11 SEVERABILITY
If any provision of the contract, including items incorporated by reference, is declared or found to be illegal,
unenforceable, or void, then both the agency and the vendor shall be relieved of all obligations arising under such
provision. If the remainder of the contract is capable of performance, it shall not be affected by such declaration or
finding and shall be fully performed.
SECTION 5 – STANDARD TERMS AND CONDITIONS
• Do not provide responses to items in this section.
1. GENERAL: Any special terms and conditions included in this solicitation shall override these Standard Terms and Conditions.
The Standard Terms and Conditions and any special terms and conditions shall become part of any contract entered into if any or
all parts of the bid are accepted by the State of Arkansas.
2. ACCEPTANCE AND REJECTION: The State shall have the right to accept or reject all or any part of an application or any and all
applications, to waive minor technicalities, and to award the sub-grant to best serve the interest of the State.
3. APPLICATION SUBMISSION: Application Packets must be submitted to the Arkansas Department of Health on or before the
date and time specified. The Application Packet must contain all documents, information, and attachments as specifically and
expressly required in the Solicitation. The application must be typed or printed in ink. The signature must be in ink. Unsigned
applications shall be disqualified. The person signing the application should show title or authority to bind his firm in a contract.
Late applications shall not be considered under any circumstances.
4. FORCE MAJEURE: Neither party will be held responsible for the delay or failure to perform any part of this sub-grant when such
delay or failure to perform any part of this sub-grant when such delay or failure results from fire, flood, epidemic, war or
insurrection, unusually severe weather, or the legal acts of public authorities.
5. STATE AND FEDERAL LAWS: Performance of this sub-grant by the recipient and the Department must comply with state and
federal laws, rules, and regulations. If any statute or regulation is enacted which requires changes in this sub-grant, the recipient
will receive notification of the required changes. This sub-grant shall then be amended.
6. COMPLIANCE WITH NONDISCRIMINATION LAWS: The recipient will comply with all applicable provisions of the following
federal regulations related to nondiscrimination, both in service delivery to clients and in employment, including, but not limited to,
the following:
• Title 45 Code of Federal Regulations
-Part 80 (Nondiscrimination on the Basis of Race or Sex)
-Part 84 (Nondiscrimination on the Basis of Handicap)
-Part 90 (Nondiscrimination on the Basis of Age)
• Americans with Disabilities Act of 1990, U.S.C. Section 12101 et. Seq.
• Title 28 Code of Federal Regulations
-Part 35 (Nondiscrimination on the Basis of Disability in State and Local Government Services)
• Title 41 Code of Federal Regulations
-Part 60-74 (OFCCP: Affirmative Action Regulations on Handicapped Workers)
ADH will furnish a copy of these regulations to the recipient upon request.
7. CONFIDENTIALITY OF CLIENT RECORDS: The recipient will maintain the confidentiality of all client records. This restriction
does not apply to disclosures made with the informed, written consent of the client, or if the client is not a competent adult or is a
minor, with such consent of the client’s parent, guardian, or legal representative.
8. LIMITATION OF THE DEPARTMENT'S OBLIGATION TO PAY: The Department is not obligated to make payment under this
sub-grant if the Department does not receive sufficient monies from the funding source(s) designated in this sub-grant to fund said
obligations and other obligations of the Department, or is not given legal authority from the Arkansas Legislature to expend these
funds. The Department is not obligated to make payment if sufficient state or local matching money is not available at the time the
bill is presented for payment.
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9. PAYMENT FROM DEPARTMENT CONSIDERED PAYMENT IN FULL: Payment received from the Department under this sub-
grant shall be payment in full for all services and/or costs covered by the payment. No fee or other charge shall be made against a
client or a third party for these services and/or costs. This paragraph does not preclude allocation of costs among two or more
funding sources, or payment of portions of a service and/or cost under different funding sources, so long as there is no duplication
of payment.
10. AUDIT REQUIREMENT: For awards in excess of $300,000.00 a current audit report is due. Recipient shall comply with the ADH
audit requirements as outlined in Arkansas Department of Health “Audit Guidelines.”
Arkansas Department of Health
Internal Audit Section
4815 West Markham Street, Slot 54
Little Rock, AR 72205-3867
11. DEPARTMENTAL RECOVERY OF FUNDS: The Department shall seek to recover funds not utilized in accordance with the terms
and conditions of this sub-grant.
12. AMENDMENTS: Any amendment to this sub-grant shall be valid only when in writing and when duly signed by the authorized
representative(s) of the Recipient and the Arkansas Department of Health. Recipient and Department acknowledge that no verbal
or written representations, other than those contained herein, have been made as an inducement to enter into this agreement and
that this writing constitutes the entire agreement.
13. AWARD: Term Contract: A contract award will be issued to the successful recipient. 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 Contract: A written State purchase order authorizing shipment will be furnished to the successful
vendor.
14. 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, shall be kept confidential, shall be used only as expressly authorized, and shall be returned at the
contractor's expense to the F.O.B. point provided by the agency. Vendor shall properly identify items being returned.
15. PATENTS OR COPYRIGHTS: The contractor must agree to indemnify and hold the State harmless from all claims, damages and
costs including attorneys' fees, arising from infringement of patents or copyrights.
16. ASSIGNMENT: Any contract entered into pursuant to this solicitation shall not be assignable nor the duties thereunder delegable
by either party without the written consent of the other party of the contract.
17. CLAIMS: Only those claims for costs and services specifically authorized under this sub-grant will be allowed by the Department.
Any work performed, material furnished, or costs incurred not covered by this sub-grant shall be solely the responsibility of the
Recipient.
18. CANCELLATION: In the event the State no longer needs the commodities or services specified for any reason (e.g., program
changes; changes in laws, rules or regulations; relocation of offices; lack of appropriated funding, etc.), the State shall have the
right to cancel the contract or purchase order by giving the vendor written notice of such cancellation thirty (30) days prior to the
date of cancellation.
NOTHING IN THIS CONTRACT SHALL BE DEEMED A WAIVER OF THE STATE’S RIGHT TO SOVEREIGN IMMUNITY.
19. 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 shall 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 shall state that all
qualified applicants shall 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 shall include the provisions of above items (a) through (d) in every subcontract so
that such provisions shall be binding upon such subcontractor or vendor.
20. ETHICAL STANDARDS: Pursuant to Aransas Code Annotated §19-11-708(a-c), it shall be breach of ethical standards
for a person to be retained, or to retain a person, to solicit or secure a state 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 contractor for the purpose of securing business.
21. ANTITRUST ASSIGNMENT: As part of the consideration for entering into any contract pursuant to this solicitation, the vendor
named on the Application Signature Page for this solicitation, 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.
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22. 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.
SECTION 6 – REFERENCES
1
Minnesota Department of Health. (2019, February 2). Stroke Patient Transition of Care Toolkit. St. Paul.
2
Paul Coverdell National Acute Stroke Program CDC-RFA-DP21-2102. (2021, January).
