Election Services

STATE OF ARKANSAS

Arkansas Teacher Retirement System

1400 W 3rd St

Little Rock, AR 72201

INVITATION FOR BID

SOLICITATION DOCUMENT

SOLICITATION INFORMATION
Solicitation Number:	TR-24-0001	Solicitation Issued:	Nov 14, 2024
Description:	Comprehensive Election Services for Mail-In Ballot Voting
Division/Agency:	Arkansas Teacher Retirement System

SUBMISSION DEADLINE
Bid Opening Date:	Nov 27, 2024	Bid Opening Time:	2:00 p.m., Central Time
Bid responses for this Invitation for Bid must be delivered to the Arkansas Teacher Retirement System on or before the submission deadline. Bids received after the submission deadline may be rejected as untimely. See Section 1.2 for information regarding Live Bid Openings.

DELIVERY OF RESPONSE DOCUMENTS
Delivery Address and IFB Opening Location	Arkansas Teacher Retirement System ATTN: Official Bid Documents 1400 W 3rd St Little Rock, AR 72201 Delivery providers, USPS, UPS, and FedEx deliver mail to the delivery street address on a schedule determined by each individual provider. These providers will deliver based solely on the street address. Prospective Contractors assume all risk for timely, properly submitted deliveries.
Bid’s Outer Packaging	Seal outer packaging and properly mark with the following information. If outer packaging of bid submission is not properly marked, the package may be opened for bid identification purposes. • Solicitation number • Date and time of bid opening • Prospective Contractor's name and return address

ARKANSAS TEACHER RETIREMENT SYSTEM CONTACT INFORMATION
Buyer:	James Cookro	Buyer’s Direct Phone Number:	501-682-2175x2101
Email Address:	jamesc@artrs.gov	Department’s Main Number:	501-682-1517
Department Website:	artrs.gov

SECTION 1 – INFORMATION AND INSTRUCTIONS

1.1 INTRODUCTION

This Invitation for Bid (IFB) is issued by the Arkansas Teacher Retirement System (“ATRS” or “the Department”) for ATRS to obtain pricing and a contract for election services.

Direct all communications regarding this Solicitation to the Buyer on page one (1) of the IFB.

1.2 LIVE BID OPENING

Location:

Arkansas Teacher Retirement System

1400 W 3rd St, Little Rock, AR 72201

2nd Floor Training Room

1.3 OBJECTIVE AND GOALS

The Arkansas Teacher Retirement System (“ATRS”) intends to hold elections during the 2024 calendar year for vacant positions on the Board of Trustees of the Arkansas Teacher Retirement System (“ATRS Board”). ATRS will hold elections for trustee positions 4, 7, and 11.

ATRS is seeking a Contractor that will be able to provide initial election services and, if necessary, run-off election services for the system during the 2024 calendar year. ATRS will provide the Proposed Contractor with a comprehensive list of mandatory deadline dates after the contract has been awarded.

1.4 TYPE OF CONTRACT

A. As a result of this IFB, the Department intends to award a contract to a single Contractor (see Contractor Selection).

B. The anticipated starting date for any resulting contract is December 19, 2023 unless legislative review is required, except that the actual contract start date may be adjusted unilaterally by the State for up to three (3) calendar months. By submitting a signed bid in response to the IFB, the Prospective Contractor represents and warrants that it will honor its bid as being held open as irrevocable for this period.

C. The initial term of a resulting contract will be for one (1) year. Upon mutual agreement by the Contractor and Department, the contract may be renewed by the State for up to six (6) additional one-year terms or portions thereof, not to exceed a total aggregate contract term of seven (7) consecutive years.

1.5 DEFINITION OF TERMS

A. Unless otherwise defined herein, all terms defined in Arkansas Procurement Law have the same meaning herein.

B. The terms “Invitation for Bid,” “IFB,” and “Solicitation” are used synonymously in this document.

C. “Prospective Contractor” means a responsive and responsible bidder who submits a bid that meets the Requirements and criteria set forth in this Solicitation.

D. “Requirement” means a term, condition, provision, deliverable, Specification, or a combination thereof, that is obligated under the Solicitation, resulting contract, or both.

E. “Shall” and “must” mean the imperative and are used to identify Requirements and Specifications.

F. “Specification” means any technical or purchase description or other description of the physical or functional characteristics, or of the nature, of a commodity or service. “Specification” may include a description of any Requirement for inspecting, testing, or preparing a commodity or service for delivery.

G. “State” means the State of Arkansas. When the term “State” is used herein to reference any obligation of the State under a contract that results from this Solicitation, that obligation is limited to the Department using such a contract.

1.6 CONTRACTOR SELECTION

D. Award is expected to be made to the responsive and responsible Prospective Contractor determined to have submitted the lowest bid that meets the Requirements and criteria set forth in the IFB, based on the Estimated Total Cost of Initial Contract Term of the Official Bid Price Sheet submitted by the Prospective Contractor.

E. If the State so chooses, negotiations may be conducted with the lowest-bidding, responsive and responsible Prospective Contractor if:

1. All bids received from responsive and responsible bidders exceed available funding; or

2. It appears that additional savings to the state may result from negotiation.

F. If negotiations fail to result in a contract, the State may negotiate with the next lowest-bidding, responsive and responsible Prospective Contractor.

1. The negotiation process may be repeated until an acceptable lower bid price is negotiated, or until such time the State determines negotiations are no longer in the best interest of the state.

2. Negotiations are conducted at the sole discretion of the State.

G. Once the anticipated awardee has been determined, the anticipated award may be posted to the Solicitation posting, generally for a period of fourteen (14) days prior to the issuance of a contract. The postings are anticipated awards only, subject to protest.

H. A contract is not effective prior to final award being made by the State; some contracts may be subject to Legislative review prior to final award.

1.7 CLARIFICATION OF SOLICITATION

A. Submit questions regarding this Solicitation via email to Curtis Carter at curtisc@artrs.gov by 4:30 pm, Central Time on or before November 21, 2023.

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

2. Prospective Contractors’ written questions will be consolidated and answered by the State as deemed appropriate. The State’s consolidated written response is anticipated to be posted to the Solicitation posting by the close of business on November 22, 2023. If Prospective Contractor questions are unclear or non-substantive in nature, the State may request clarification of a question(s) or decline to answer.

B. The Prospective Contractor should notify the Buyer of any term, condition, etc., that precludes the Prospective Contractor from submitting a Responsive Bid. Prospective Contractors should note that it is the responsibility of the Prospective Contractor to seek resolution of all such issues, including those relating to the terms and conditions of the contract, prior to the submission of a bid.

C. Prospective Contractors may contact the Buyer with non-substantive questions at any time prior to the bid opening.

D. An oral statement by the Department will not be part of any contract resulting from this Solicitation and may not reasonably be relied on by any Prospective Contractor as an aid to interpretation unless it is reduced to writing and expressly adopted by the Department.

1.8 RESPONSE DOCUMENTS

I. All bids must be submitted to the delivery address and by the submission deadline on page one (1) of the IFB.

J. Bid Response Packet

1. Prospective Contractors shall utilize the Bid Response Packet attached to the Solicitation to submit their bids.

2. The following are bid submission Requirements and must be submitted as part of a Prospective Contractor’s bid.

a. Signed Bid Signature Page; signature may be ink or digital.

b. Completed Bid Response Packet, which must be in English.

c. Completed Official Bid Price Sheet attached to Solicitation posting.

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

ii. Quantities stated are estimates only and are not guaranteed. Prospective Contractor must bid unit price on the estimated quantity and unit of measure specified.

• The State may order more or less than the estimated quantity on term contracts, and the Contractor shall sell to the Department quantities ordered at no more than the bid price.

iii. If pricing documents do not allow for accurate pricing, Prospective Contractor should notify the Buyer at least seventy-two (72) hours before the bid opening time.

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

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

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

vi. State and local sales taxes should not be included in the bid price. Trade discounts should be deducted from the unit price and the net price should be shown in the bid.

d. Copy of Prospective Contractor’s Equal Opportunity Policy

i. Pursuant to Arkansas Code Annotated § 19-11-104, OSP requires a Prospective Contractor bidding on a state contract to submit a copy of the Prospective Contractor’s Equal Opportunity (EO) Policy. Prospective Contractors not required by law to have an EO Policy must submit a written statement to that effect.

e. Proposed Subcontractors Form (see SRV-1, section 14)

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

a. EO 98-04 Contract & Grant Disclosure Form (see SRV-1, section 11)

b. Voluntary Product Accessibility Template (VPAT), if applicable

4. Prospective Contractors should not include any other documents or ancillary information, such as a cover letter or promotional marketing information.

K. Prospective Contractors should not alter any language in Solicitation document(s) or Official Bid Price Sheet provided by the State.

L. Prospective Contractors’ bids cannot be altered or amended after the bid opening except as permitted by law or rule.

M. As requested, Prospective Contractors shall provide clarification regarding Prospective Contractor’s bid response.

N. Prospective Contractors may submit multiple bids.

SECTION 2 – SPECIFICATIONS AND REQUIREMENTS

2.2 GENERAL REQUIREMENTS

A. Required Election Services. With the exception of the specified deadline dates and estimated quantities, all requirements provided in this Section 2 shall apply to any subsequent contract renewals between ATRS and the Proposed Contractor to whom this contract is awarded. For each election occurring in a calendar year following the 2024 calendar year, ATRS will provide, in writing, updated quantities and any mandatory deadline dates for the election or elections that will take place during the applicable calendar year.

a. Ballot Design. Ballots must be designed and printed using the quantities provided by ATRS. The return portion of the ballot should not show the name and address of the voter. A unique security barcode printed on the ballot should be used to prevent duplicate voting. Depending on the length of the candidates’ information, ballots should be printed on either 8.5” x 11” or 8.5” x 14”, 60lb, white woven stock paper. The following should be printed on the ballot:

a. Instructional text;

b. The words, “Official Mail-In Ballot”;

c. The ATRS logo;

d. ATRS return address, Arkansas Teacher Retirement System, 1400 W. Third, Little Rock, AR, 72201;

e. The name and statements of the candidates; and

f. The words, “Official Ballot of the ATRS 2024 Election – Election Schedule”.

The final version of the ballot must be approved by ATRS before March 1, 2024. The Proposed Contractor must submit an electronic proof of the ballot design to ATRS for approval.

The proof should be submitted via e-mail to Tammy Porter at tammyp@artrs.gov or by mailing a hard copy (FOB destination, normal delivery, freight paid) to the Arkansas Teacher Retirement System, Attention: Tammy Porter, 1400 West Third Street, Little Rock, AR, 72201.

b. Printing. Ballots, campaign materials, and initial and reply envelopes statements must be printed using laser printing, offset printing, or a combination of laser and offset printing. The following is required if offset printing is used:

a. Soybean ink must be used if the soybean ink is comparable in price to other inks and equally suitable for use. Black ink is preferred if soybean ink cannot be used.

b. The brand of soybean ink, black ink, or other ink that will be used should be indicated in your response.

c. Overruns are not permitted.

c. Mailing. The Proposed Contractor must be able to provide a mailing service for the distribution of ballots and campaign materials to voter-eligible ATRS members.

ATRS will provide the Proposed Contractor with any necessary information pertaining to voter-eligible ATRS members in ASCII file format.

The mailing service must include folding and otherwise preparing campaign materials and ballots for mailing as well as labeling and zip coding in compliance with the address requirements set by the U.S. Postal Service.

Ballots must be mailed directly to the residential or P.O. Box address of each voter-eligible ATRS member in accordance with ATRS Rule 4 – Election of Board of Trustees. Please review ATRS Rule 4 – Election of Board of Trustees, which is attached as Appendix C.

For the initial election, ballots must be mailed by March 15, 2024. Run-off ballots, if applicable, must be mailed by May 1, 2024.

A #9 business reply envelope with the Proposed Contractor’s address must be furnished to voter-eligible ATRS members for the return of their completed ballots.

Ballots must be inserted into a #10 large window envelope. The following information should appear through the envelope window:

a. The name and address of the voter-eligible ATRS member;

b. The ATRS return address, Arkansas Teacher Retirement System, 1400 W. Third, Little Rock, AR, 72201; and

c. The postal endorsement, “Address Service Requested”.

The Proposed Contractor must use U.S. Postal Service certification software and presort mailing in order to achieve the most accurate and economical mailing. The Proposed Contractor must pay the postage on outgoing ballots and on returned ballots (business reply postage).

ATRS will reimburse the Proposed Contractor for all postage charges for delivery of the outgoing ballots after receipt by the U.S. Postal Office. ATRS will pay actual postage costs documented by the U.S. Postal Service for outgoing and returned ballots. Invoices must be addressed to the ordering entity reflecting the associated purchase order number, quantity of ballots mailed, and unit price for postage.

All postage for a candidate’s campaign materials will be paid for by the candidate at his or her sole expense. The Prospective Contractor is responsible for negotiating payment details with the candidate whose campaign materials will be made by the Prospective Contractor. ATRS shall not bear any responsibility or obligation to reimburse or otherwise pay the Prospective Contractor for any postage costs associated with mailing the campaign materials of any candidate.

d. Vote collection, voter verification, and vote tallying and tabulation services.

The Proposed Contractor must be able to verify that: (1) all ballots have been correctly completed, (2) only voter-eligible ATRS members have cast votes in the initial election for the trustee positions, and (3) each voter-eligible ATRS member has cast only a single vote for each ballot. The Proposed Contractor must be able to provide a statistical analysis for a complete paper ballot election.

The voting period for the initial ATRS Board elections runs from March 15, 2024 – April 15, 2024. The certification process for initial elections must be completed by April 20, 2024. The certification process for run-off elections must be completed by June 5, 2024. Dates for future elections during the contract term will be provided in a separate scope of work. The overall election reports detailing the vote counts and percentages of votes cast for each candidate will be due at the same time as the certified election results. The Proposed Contractor must be able to submit certified election results to the designated ATRS official within seventy-two (72) hours of the election. Please review ATRS Rule 4 – Election of Board of Trustees, which is attached as Appendix C.

For each trustee position election, the Proposed Contractor must be able to provide ATRS with the written results representing the final vote tallies. The Proposed Contractor must be able to prepare a report for each election category that shows the vote count for each candidate and the percentage of the total number of votes that each candidate received.

The Proposed Contractor must be able to provide an accounting for: (1) the accuracy of ballot mailings, (2) methodical vote counting procedures, (3) certifiable vote totals, and (4) in-house security procedures that are used to prevent the mishandling of ballots or vote tampering. The Proposed Contractor must be able to summarize and account for ballots mailed, re-mailed, and returned, and provide statistics concerning the same to ATRS. The summary must be supported by detailed and adequate documentation, which shall be made available to ATRS.

All ballots, tabulation records, and other related materials must be retained by the Proposed Contractor for at least five (5) years after certification of the election results by the ATRS Board.

The Proposed Contractor must demonstrate that it has the in-house procedures necessary to preserve the integrity of the election and the ability to foresee and rectify potential difficulties or complications throughout the election process in order to ensure a consistent and accurate election procedure.

The Proposed Contractor should be in possession of an existing paper ballot system and in-house technical expertise to support their existing paper ballot system.

The Proposed Contractor should be able to collect votes using the paper ballot system without allowing multiple voting.

The Proposed Contractor is required to open all returned envelopes and capture data. ATRS estimates that approximately 25%-30% of ballots will be returned.

B. Invoice and Payment Requirements.

Upon ATRS’ acceptance of an invoice, ATRS shall make payments in accordance with applicable State of Arkansas accounting procedures. ATRS cannot be invoiced in advance of delivery and acceptance of any service. Payment will be made only after the Proposed Contractor has successfully satisfied ATRS as to the services purchased. The Proposed Contractor should invoice ATRS by using an itemized list of charges. The Purchase Order Number or Contract Number should be referenced on each invoice. The Proposed Contractor must be registered to receive payment. If you are not a registered contractor, you may register on-line (https://www.ark.org/vendor/index.html).

All invoices should be mailed to the following address, Arkansas Teacher Retirement System, Attention: James Cookro, 1400 West Third Street, Little Rock, AR, 72201.

C. Calculating Cost.

A single unit price will be used for both the initial election and run-off election. Bid the unit price. Limit your unit price to no more than two (2) decimal places. Bids stated otherwise will be rounded to the nearest cent. (Ex: - If you bid $10.592, then round down to the nearest decimal place to $10.59. If you bid $10.597, then round up to the nearest decimal place to $10.60).

Your bid should show the price per piece (unit price) multiplied by the estimated number of ballots. This will equal the total price for the job excluding postage. This format will allow the total price of the job to vary with respect to the actual number of ballots that are sent.

• (unit price) * number of ballots = total price

Appendix B lists all trustee positions for which future elections may be held by ATRS after the 2024 calendar year. The Proposed Contractor should consider the estimated quantities listed in Appendix B when selecting the final unit price.

The Proposed Contractor assumes the risk that one (1) or more positions may be uncontested. Please consider this possibility when selecting your unit price.

D. Authorized Point of Contact.

The Proposed Contractor must provide an authorized point of contact to ATRS.

Tammy Porter shall be the point of contact for ATRS until the ballot proof has been approved by ATRS. After ATRS approves the ballot proof, James Cookro shall be the point of contact for ATRS and all reports, invoices, and questions etc. shall be presented to him.

Tammy Porter

ATRS Board Secretary

501-682-2175 ext. 1701

tammyp@artrs.gov

James Cookro

ATRS Fiscal Manager

501-682-2175 ext. 2101

jamesc@artrs.gov

2.3 PERFORMANCE STANDARDS

A. State law requires that contracts for services include Performance Standards for measuring the overall quality of services that a Contractor shall provide.

B. The State may be open to negotiations of Performance Standards prior to contract award, prior to the commencement of services, or at times throughout the contract duration. Table A: Performance Standards identifies expected deliverables, performance measures, or outcomes; and defines the acceptable standards.

C. Performance Standards shall not be amended unless they are agreed to in writing and signed by the parties.

D. Failure to meet the minimum Performance Standards as specified will result in the assessment of damages.

E. In the event a Performance Standard is not met, the Contractor will have the opportunity to defend or respond to the insufficiency. The State has the right to waive damages if it determines there were extenuating factors beyond the control of the Contractor that hindered the performance of services. In these instances, the State has final determination of the performance acceptability.

F. Should any compensation be owed to the Department due to the assessment of damages, the Contractor shall follow the direction of the Department regarding the required compensation process.

TABLE A: PERFORMANCE STANDARDS

Criteria	Standard	Damages
Submission of Proofs	Proofs must be submitted to the Arkansas Teacher Retirement System by the deadline specified by ATRS in writing.	Failure to meet performance standard may be cause for non-renewal of contract.
Verification of Eligible Voters and Ballots	Must ensure that: (1) All ballots are correctly completed; (2) only voter-eligible ATRS members have cast votes in the initial election for the trustee positions, and (3) each voter-eligible ATRS member has cast only a single vote for each ballot.	Failure to meet performance standard may be cause for non-renewal of contract.
Mailing of Ballots	Ballots must be mailed by the deadline specified by ATRS in writing.	Failure to meet performance standard may be cause for non-renewal of contract.
Submission of Certified Election Results and Report	Certified election results and a report detailing the vote counts and percentages of votes cast for each candidate by the deadline specified by ATRS in writing.	Failure to meet performance standard may be cause for non-renewal of contract.

SECTION 3 – SOLICITATION TERMS AND CONDITIONS

3.1. ACCEPTANCE OF REQUIREMENTS

A. A Prospective Contractor’s past performance with the State may be used to determine if the Prospective Contractor is responsible (OSP Rule R1:19-11-235).

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

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

1. The prime Contractor shall be responsible for the resulting contract and jointly and severally liable with any of its subcontractors, affiliates, or agents to the State for the performance thereof.

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

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

a. Collusion violates Arkansas Procurement Law and can lead to suspension, debarment, and can be referred to the Attorney General’s officer for investigation and appropriate legal action (Arkansas Code Annotated § 19-11-240 and 19-11-245).

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

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

3.2. GENERAL TERMS AND CONDITIONS

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

F. Pursuant to Arkansas State Procurement Law, the Contractor shall certify that, unless they offer to provide the goods or services for at least twenty percent (20%) less than the lowest certifying Prospective Contractor:

1. They are not engaged in and shall not, during the aggregate term of the resulting contract, engage in a boycott of Israel (Arkansas Code Annotated § 25-1-503),

2. They are not engaged in and shall not, during the aggregate term of the resulting contract, engage in a boycott of an Energy, Fossil Fuel, Firearms, or Ammunition Industry (Arkansas Code Annotated § 25-1-1102).

G. Pursuant to Arkansas Procurement Law, the Contractor shall certify that the Contractor does not knowingly employ or contract with illegal immigrants and that the Contractor shall not knowingly employ or contract with illegal immigrants during the aggregate term of any contract with the State or any of its departments, institutions, or political subdivisions (Arkansas Code Annotated § 19-11-105).

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

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

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

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

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

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

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

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

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

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

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

3.3. MINORITY AND WOMEN-OWNED BUSINESS

M. 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

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

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

3.4. PROPRIETARY INFORMATION

A. The release of public records is governed by the Arkansas Freedom of Information Act (Arkansas Code Annotated § 25-19-101 et. seq.).

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

C. In accordance with FOIA, and to promote maximum competition in the State competitive sealed bidding, the State may maintain the confidentiality of certain types of information described in FOIA. Such information may include trade secrets and other information exempted from public disclosure pursuant to FOIA.

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

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

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

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

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

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

APPENDIX A

2024 ATRS BOARD ELECTION

Ballot Number	Trustee Position Number	Description of Trustee Position	Estimated Quantity
1	4	Member Trustee, 4th Congressional District	11,495
2	7	Member Trustee, Non-Certified Trustee	34,411
3	11	Retirant Trustee	53,444

APPENDIX B

ATRS Board of Trustees

Position	Title	Term Expires	Estimated Quantity
1	Member Trustee, 1st Congressional District	06/30/2028	9,833
2	Member Trustee, 2nd Congressional District	06/30/2027	9,142
3	Member Trustee, 3rd Congressional District	06/30/2025	10,330
4	Member Trustee, 4th Congressional District	06/30/2025	11,495
5	Member Trustee, Administrator Trustee	06/30/2027	1,579
6	Member Trustee, Administrator Trustee	06/30/2027	1,579
7	Member Trustee, Non-Certified Trustee	06/30/2027 (Appointment Exp. 6/30/2023)	34,411
8	Member Trustee, Minority Trustee	06/30/2027	129,288
9	Member Trustee, Retirant Trustee	06/30/2028	53,444
10	Member Trustee, Retirant Trustee	06/30/2025	53,444
11	Member Trustee, Retirant Trustee	06/30/2024	53,444