003(FINAL) IFB- CALICO CREEK TIMBER STAND IMPROVEMENT.pdf

DNR 0000000017SL

State of Missouri Department of Natural Resources (DNR)

Environmental Remediation Section

Invitation for Bid (IFB) for Calico Creek Timber Stand Improvement Winter 2026/2027

SOLICITATION NO.: DNR 0000000017SL

ISSUE DATE: September 9, 2026 CONTRACT PERIOD: Date of Award through one (1) year

BID DUE NO LATER THAN: September 24, 2026 AT 2:00 PM CENTRAL TIME Response should be submitted electronically through MissouriBUYS, powered by MOVERS, at https://missouribuys.mo.gov . or emailed to amy.lloyd@dnr.mo.gov Mailed, courier, or hand-delivered proposal responses will not be accepted.

IFB CONTACT INFORMATION:

PROCUREMENT OFFICER: Amy Lloyd

PHONE NO.: (573) 751-9408

EMAIL: Amy.Lloyd@dnr.mo.gov

See “IFB Questions” in Section 1 for appropriate communications during the procurement process.

DELIVER SUPPLIES/SERVICES FREE ON BOARD (FOB) DESTINATION TO

THE FOLLOWING ADDRESS:

Missouri Department of Natural Resources Att: Environmental Remediation Section

P.O. Box 176 Jefferson City, MO 65102-1076

ATTENTION:

1. After reviewing the Invitation for Bid (IFB), the vendor must complete and return Exhibit A, Bid

Signature Page and all other necessary exhibits.

2. Due to lead times for obtaining the information needed to complete the various Business Compliance

Exhibits herein as explained in the IFB’s Vendor Response Exhibits, vendors are encouraged to IMMEDIATELY begin securing these verifications.

3. The vendor must be registered in MissouriBUYS , powered by MOVERS in a “Prospective” or “Spend Authorized” registration status to submit a response. The vendor must achieve “Approved” registration status in MissouriBUYS (WebProcure/Proactis) and “Spend Authorized” registration status in MissouriBUYS, powered by MOVERS to be considered for a contract award. Reference Section 5.

https://missouribuys.mo.gov/ mailto:amy.lloyd@dnr.mo.gov

IFB Organization:

IF

B

S ec tio ns

Section 1 Introduction and Background Information Section Section 2 Scope of Work Section Section 3 Terms and Conditions Section Section 4 General Contractual Requirements Section Section 5 Vendor Submission, Evaluation, and Award Information Section

IF

B

V en do r R es po ns e

Ex hi bi ts

(R et ur n th es e ex hi bi ts w ith th e bi

d) Exhibit A Bid Signature Page

Exhibit B Bid Submittal Checklist Exhibit C Pricing Page Exhibit D Technical Bid – Experience of Organization and Past Performance Exhibit E Technical Bid – Methodology, Approach, and Work Plan Exhibit F Participation Commitment Exhibit G Documentation of Intent to Participate

BUSINESS COMPLIANCE EXHIBITS

Exhibit H State of Missouri Tax Compliance Exhibit I Registration of Business Name with the Missouri Secretary of State Exhibit J Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization Exhibit K Services Outside the United States Exhibit L Employee/Conflict of Interest

IF

B

A tta ch m en ts

Attachments (Separate Documents) (Do not return these documents with response) Attachment A Restoration on the Big River at Calico Creek; Stream, Riparian, Floodplain and

Upland Habitats Restoration Plan and Environmental Assessment Attachment B Calico Creek Site Location Map

Attachment C Forest Management Plan for Phil Goedeker

Attachment D Forest Management Plan for Max Ladd

Attachment E Goedeker Timber Stand Improvement Map

Attachment F Ladd Timber Stand Improvement Map

Separate Documents: The vendor is advised that the separate documents to this document referenced above provide additional requirements, information, and/or instruction. The separate documents must be downloaded from the MissouriBUYS, powered by MOVERS, website at: https://missouribuys.mo.gov/. The separate documents are downloadable from the same web page where the solicitation document is downloadable.

1. INTRODUCTION AND BACKGROUND INFORMATION SECTION

1.1 Introduction:

1.1.1 Purpose: This document constitutes an invitation for bid for the provision of approximately 150 acres of timber stand improvement (TSI) to include tree felling and tree stump herbicide application in accordance with Forest Management Plans for the Calico Creek Upland Restoration, Goedeker and Ladd properties as set forth herein for the Department of Natural Resources, Natural Resource Damage Assessment and Restoration Division (hereinafter referred to as “department”).

1.1.2 Minimum Experience Qualifications: There are minimum experience qualifications in the IFB (See Section

2.4 Minimum Experience Requirements in Section 2: Scope of Work).

1.1.3 Titles: Titles of paragraphs used herein are for the purpose of facilitating reference only and shall not be construed to infer a contractual construction of language.

1.2 Background and Historical Usage Information:

1.2.1 Pursuant to applicable regulations, the U.S. Department of the Interior, acting through the U.S. Fish and Wildlife Service (USFWS) and the State of Missouri, acting through the Missouri Department of Natural Resources (MoDNR), acting in their capacity as natural resource trustees (Trustees), have initiated natural resource damage assessment and restoration (NRDAR) processes at different sites throughout the Southeast Missouri Lead Mining District and have successfully recovered monetary damages to use to restore impacted natural resources and their services. The Trustees prepared the Restoration Plan and Environmental Assessment (RP/EA) for Restoration on the Big River at Calico Creek (Attachment A) to evaluate and select restoration actions along the Big River located in southeastern Missouri. The restoration actions are meant to compensate the public for natural resources injured and ecological services lost due to releases of hazardous substances, including heavy metals at and from mines, mills, smelters, and tailings impoundments of the Big River Mine Tailings and Southwest Jefferson County Lead Mine Superfund Sites within the Old Lead Belt of southeast Missouri.

1.2.2 The RP/EA selected Alternative E—Riparian Corridor, Floodplain, and Upland Restoration, Enhancement, and Conservation. As a part of this RP/EA, the Trustees have funded Upland Forest Restoration at the Calico Creek project site (Goedeker and Ladd properties) to benefit migratory birds, bats, and other terrestrial species.

1.2.3 The Goedeker and Ladd properties are situated at the confluence of Calico Creek and the Big River (Attachment B). They are adjacent properties, with Calico Creek running between them. Both property’s forested areas have Ecological Site descriptions that include a mix of Chert Upland Woodland, Chert Exposed Backslope Woodland, and Shallow Dolomite Upland Glade/Woodland. The upland areas were heavily harvested approximately 25-30 years ago and are currently inundated with eastern red cedar and undesirable saplings that require thinning as prescribed in the Forest Management Plans for the respective properties (Attachments C and D).

1.2.4 More background information for the Big River at Calico Creek: Final Restoration Plan and Environmental Assessment can be found on the following website: Big River at Calico Creek: Final Restoration Plan and Environmental Assessment, Sept. 21, 2020 | Missouri Department of Natural Resources (mo.gov).

1.3 IFB Questions:

1.3.1 Procurement officer is Single Point of Contact for Solicitation: Vendors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all their questions or comments regarding the IFB, the evaluation, etc., to the procurement officer indicated on the first page of this IFB. It is preferred that questions be emailed to the procurement officer.

https://dnr.mo.gov/document-search/big-river-calico-creek-final-restoration-plan-environmental-assessment-sept-21-2020 https://dnr.mo.gov/document-search/big-river-calico-creek-final-restoration-plan-environmental-assessment-sept-21-2020

Except as noted herein, vendors and their agents are instructed not to contact any other state employee regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Vendors can be sanctioned for unauthorized contact with any evaluator under 1 Code of State Regulation (CSR) 40-1.060(8)(G) and (H) available at http://www.sos.mo.gov/adrules/csr/csr.asp.

1.3.2 Vendor is Responsible for Asking Questions About the IFB: It is the vendor’s responsibility to ask questions, request changes or clarifications, or otherwise advise the department if the vendor believes that any language, specifications, or requirements are: (1) ambiguous, (2) contradictory or arbitrary, (3) violate any state or federal law or regulation, (4) restrict or limit the requirements to a single source, or (5) restrict or limit the vendor’s ability to submit a response.

1.3.3 Vendor Question Deadline: Every attempt shall be made to ensure that the vendor receives an adequate and prompt response. However, in order to maintain a fair and equitable procurement process, all vendors will be advised, via the issuance of an amendment to the IFB, of any relevant or pertinent information related to the procurement. All questions and issues should be submitted no later than ten (10) calendar days prior to the bid closing date and time of the bid. If not received prior to ten (10) calendar days before the bid closing date and time, the department may not be able to fully research and consider the respective questions or issues.

1.3.4 State’s Response to Vendor Questions: Upon the department’s consideration of questions and issues, if the department determines that changes are necessary, the resulting changes will be included in a subsequently issued IFB amendment(s); absence of such response indicates that the questions and issues were considered but deemed unnecessary for an IFB amendment. All vendors will be advised of any change to the IFB’s language, specifications, or requirements by a formal amendment to the IFB. There will be no posted written records of the questions/communications (i.e., formal question/answer document).

1.3.5 IFB is State’s Only Official Position: The only official position of the State of Missouri shall be that which is contained in the IFB and any amendments thereto.

1.4 Amendments:

1.4.1 If the department determines that changes to the IFB are necessary, the resulting changes will be included in a subsequently issued IFB amendment(s) prior to the bid closing date and time.

1.5 Glossary of Terms and Acronyms:

1.5.1 Whenever the following terms and acronyms appear in the IFB document or any amendment thereto, the definitions or meanings described below shall apply.

Term/ Acronyms Definition BA Basal Area (ft2) FSI Forest Stand Improvement TSI Timber Stand Improvement DBH Diameter at Breast Height

1.5.2 General Glossary, Acronyms, and Abbreviations:

Agency and/or State Agency means the statutory unit of state government in the State of Missouri for which the equipment, supplies, and/or services are being purchased by the department. The agency is also responsible for payment, unless otherwise specified herein. Note: The terms “department”, “state agency”, “state”, and “State of Missouri” are used interchangeably throughout the document and have the same meaning.

Amendment means a written, official modification to a solicitation or contract.

http://www.sos.mo.gov/adrules/csr/csr.asp

Attachment applies to all documents which are included with an IFB to incorporate any informational data or requirements related to the performance requirements and/or specifications.

Bid Closing date and Time and similar expressions mean the exact deadline required by the IFB for the receipt of sealed bids.

Procurement officer means the procurement staff member of the department.

Code of State Regulation (CSR) contains the current administrative rules of executive agencies of Missouri government. The regulations are arranged by agency rather than by subject.

Contract means a legal and binding agreement between two or more competent parties, for a consideration for the procurement of equipment, supplies, and/or services.

Contractor means a supplier, bidder, person, or organization who is a successful vendor as a result of an IFB and who enters into a contract.

Exhibit applies to forms which are included with an IFB for the vendor to complete and submit with their response prior to the specified closing date and time.

Invitation for Bid (IFB) means the solicitation document issued by the department to potential vendors for the purchase of equipment, supplies, and/or services as described in the document. The definition includes the following sections: Introduction and Background Information; Scope of Work; Terms and Conditions (“terms and conditions” and “Terms and Conditions” are used interchangeably throughout the IFB); General Contractual Requirements; and Vendor Submission, Evaluation, and Award Information; and the IFB Vendor Response Exhibits, Attachments, and Amendments of the IFB.

May means that a certain feature, component, or action is permissible, but not required.

Must means that a certain feature, component, or action is a mandatory condition.

Party refers to either the State of Missouri or the contractor as an entity that may enter into a contract pursuant to the terms herein.

Pricing Page(s) applies to the form(s) on which the vendor must state the price(s) applicable for the equipment, supplies, and/or services required in the IFB. The pricing pages must be completed and submitted by the vendor with the response prior to the specified bid closing date and time.

Purchase Order means the authorized document issued by the state agency to the contractor indicating descriptions, quantities, and agreed prices for products and/or services.

Reasonable, Necessary or Proper as used herein shall be interpreted solely by the State of Missouri.

RSMo (Revised Statutes of Missouri) refers to the body of laws enacted by the Legislature which govern the operations of all agencies of the State of Missouri. Chapter 34 of the statutes is the primary chapter governing the operations of the department.

Shall has the same meaning as the word must.

Should means that a certain feature, component and/or action is desirable but not mandatory.

State collectively referring to the state government and/or the agencies thereof.

Supplier has the same meaning as the word, vendor.

Vendor means the supplier, bidder, person, or organization that responds to an IFB by submitting a bid with prices to provide the equipment, supplies, and/or services as required in the IFB document.

1.6 Accuracy of Background Information:

1.6.1 Although an attempt has been made to provide accurate and up-to-date information, the State of Missouri does not warrant or represent that the background information provided herein reflects all relationships or existing conditions related to this IFB.

****END OF INTRODUCTION AND BACKGROUND INFORMATION SECTION****

2. SCOPE OF WORK SECTION

2.1 General Requirements:

2.1.1 The contractor shall provide timber stand improvement (TSI) in accordance with Forest Management Plans for the Calico Creek Upland Restoration, Goedeker and Ladd properties as set forth herein for the Department of Natural Resources in accordance with the provisions and requirements stated herein and to the sole satisfaction of the state agency.

a) There are two adjacent properties separated by Calico Creek where the services are to be provided (Attachment B). The Goedeker property is located at 8200 Tar Blue Lane, De Soto, MO 63020. The Ladd property is located at 12840 Nickelson Road, De Soto, MO 63020. The services will be provided within multiple forest stands located on each property as depicted on the maps in the attached Forest Management Plans and TSI maps (Attachments C, D, E, F).

2.1.2 The contractor shall either provide the services directly or shall provide a person/personnel who must comply with the requirements stated herein. Therefore, references to “the contractor” throughout this document shall also be deemed to include the person/personnel provided by the contractor.

2.1.3 Contractor’s Obligation: Unless otherwise specified herein, the contractor shall furnish all material, labor, facilities, equipment, and supplies necessary to perform the services required herein.

a) The contractor shall use commercial grade tools, equipment, and quality materials approved by the state agency.

2.1.4 Contractors must observe a “no cut period” from April 1st – October 31st for all potential suitable bat roost trees greater than 9 inches diameter at breast height (DBH). Contractors must also observe a “no cut period” from October 31st – December 15th per request of the landowners.

2.1.5 The contractor shall comply with the provisions of all applicable federal, state, county, and local laws, ordinances, regulations, and codes (including procurement of any required permits or certificates) in their respective performance there under including, but not limited to, the standards promulgated by the Occupational Safety and Health Administration (OSHA), National Fire Protection Association (NFPA), National Electric Code (NEC), and other applicable codes including all life safety codes.

2.1.6 The contractor shall be held responsible for any and all damage to the facilities, lawns, trees, shrubs, other desired plants, surrounding property, and any parked vehicles resulting from improper use of tools, materials, chemical applications, equipment and from debris thrown from the equipment during operations. Any damage caused by the contractor shall be repaired at no cost to the state agency.

2.1.7 The contractor must adhere to and observe the protective guidelines to mitigate impacts to Threatened or Endangered Species associated with the Goedeker and Ladd properties. Each Forest Management Plan, Attachments C & D provide General Guidelines for Protection. The Endangered Species Act of 1973, the local Missouri Department of Conservation Private Land Conservationist and the Natural Resources Conservation Service are other resources to assist with determining requirements to mitigate impacts.

2.1.8 In the event of any excessive conditions that would prevent the contractor from completing services requested, the contractor shall notify the state agency to see what actions need to be taken or if services can be performed at another time mutually agreed upon by the contractor and the state agency. The contractor shall understand and agree that it is the responsibility of the contractor to make sure services can be performed and completed as requested before starting services.

2.1.9 The contractor shall not provide contract services on the following holidays unless prior approved by the state agency and property owner (s): Memorial Day, Independence Day, and Labor Day. The contractor shall provide all services between the hours of 4:00 a.m. and 10:00p.m. Monday through Friday. All work shall be conducted in a professional manner in accordance with the highest standards appropriate to minimize damage to trees, shrubs, other desired plants, and surrounding property.

2.1.10 The contractor shall understand and agree that because the contractor was familiar with the Calico Creek restoration area and conditions that existed prior to award of the contract, the contractor shall not be relieved of the performance of the provisions and requirements specified herein.

2.2 Goedeker Property Requirements:

2.2.1 The contractor shall provide approximately 90 acres of timber stand improvement including tree stump herbicide applications in accordance with the management recommendations in the Goedeker Forest Management Plan. Note that Eastern red cedar (Juniperus virginiana) stumps do not need to be sprayed.

2.2.2 The contractor shall not kill any oaks (Quercus sp.) or black walnut (Julgans nigra) trees.

2.2.3 As detailed in the Goedeker Forest Management Plan, the contractor must remove all undesirable trees from the midstory removing 65 basal area (BA) per acre. Kill almost all trees that are 10 inches in diameter at breast height (DBH) or less (see e. for potential exceptions).

2.2.4 After felling undesired trees, contractor must immediately treat the tree stump with herbicide to prevent future resprouting. In addition to stump treatment, contractors must remove branches on felled cedar trees to ensure maximum trunk to ground contact to facilitate decomposition.

2.2.5 The contractor may leave 20-30 dogwood (Cornus sp.) trees per acre, 5-10 hickory (Carya sp.) trees per acre and 2-3 sassafras (Sassafras albidum), black cherry (Prunus serotina), persimmon (Diospyros virginina), and red bud (Cercis canadensis) trees per acre.

2.2.6 The contractor shall complete timber stand improvement on stands 1, 2, and 8. Partial stands still needing additional TSI work are stands 5 and 9 (Attachment E). Refer to Attachments C and E for stand and TSI maps.

2.2.7 Unless otherwise specified herein, the contractor shall furnish all material, labor, facilities, equipment, and supplies necessary to perform the services required herein.

2.2.8 The contractor must leave road conditions as found on the property. The contractor shall repair any ruts and/or road damage created as a result of implementing the services. Any damage caused by the contractor shall be repaired at no cost to the state agency.

2.3 Ladd Property Requirements:

2.3.1 The contractor shall provide 60 acres of timber stand improvement including tree stump herbicide applications in accordance with the management recommendations in the Ladd Forest Management Plan. Note that Eastern red cedar (Juniperus virginiana) stumps do not need to be sprayed.

2.3.2 The contractor shall not kill any oaks (Quercus sp.), black walnut (Julgans nigra), or shortleaf pine (Pinus echinata) trees.

2.3.3 As detailed in the Ladd Forest Management Plan, the contractor must remove all undesirable trees from the midstory removing 65 basal area (BA) per acre. Kill almost all trees that are 10 inches in diameter at breast height (DBH) or less (see e. for potential exceptions).

2.3.4 After felling undesired trees, contractor must immediately treat the tree stump with herbicide to prevent future resprouting. In addition to stump treatment, contractors must remove branches on felled cedar trees to ensure maximum trunk to ground contact to facilitate decomposition.

2.3.5 The contractor may leave 20-30 dogwood (Cornus sp.) trees per acre, 5-10 hickory (Carya sp.) trees per acre and 2-3 sassafras (Sassafras albidum), black cherry (Prunus serotina), persimmon (Diospyros virginina), and red bud (Cercis canadensis) trees per acre.

2.3.6 The contractor shall complete timber stand improvement on stands 3 and 8. Stand 5 is a partial stand still needing additional TSI work (Attachment F). Refer to Attachments D and F for stand and TSI maps.

2.3.7 Unless otherwise specified herein, the contractor shall furnish all material, labor, facilities, equipment, and supplies necessary to perform the services required herein.

2.3.8 The contractor must leave road conditions as found on the property. The contractor shall repair any ruts and/or road damage created as a result of implementing the services. Any damage caused by the contractor shall be repaired at no cost to the state agency.

2.4 Minimum Experience Requirements:

2.4.1 The contractor must meet or exceed the following minimum experience requirements at the time of bid submission and for the duration of the contract:

2.4.2 The contractor must have a minimum of (1) year of experience with brush management and timber stand improvement. The contractor’s experience can be experience on personal, private or government owned property.

2.4.3 The contractor must also be proficient in the identification of native and non-native woody vegetation species commonly found in Missouri’s Ozark forests during winter (i.e. leaf off)

2.4.4 The contractor should have certifications in the use of chainsaws or other mechanical tree removal practices.

2.4.5 The contractor must be familiar with measuring diameter at breast height (DBH) and estimating basal area (BA) in a forest stand.

2.4.6 Experience with herbicide applications for TSI projects.

2.4.7 Experience using global positioning system (GPS) applications and geographical applications such as Google Earth, ArcGIS, or OnX.

2.4.8 Contractor must hold a Certified Commercial Applicators License.

2.5 Personnel Qualifications:

2.5.1 The contractor shall include the following personnel to administer and perform the contract requirements:

2.5.2 Contact Person: The contractor shall designate a contact person who shall serve as the contractor’s contact and shall be the liaison between the contractor and the state agency. By no later than five (5) state business days after authorization by the state agency to proceed with services, the contractor shall provide the state agency with the name, address, email address, and telephone number of the contractor’s contact person. The contractor’s contact person shall (1) oversee all services being provided, (2) assume responsibility and liability for services performed per the contract, and (3) serve as the primary point of contact with the state agency.

2.6 Performance Requirements:

2.6.1 Substitutions: The contractor shall not substitute any methodology that has been awarded to the contractor without the prior written approval of the department.

2.6.2 In the event an item becomes unavailable, the contractor shall provide a suitable methodology item. The contractor’s failure to provide an acceptable substitute may result in cancellation or termination of the contract.

2.6.3 The contractor shall understand that the state reserves the right to allow the substitution of any new or different method offered by the contractor. The department shall have the final authority as to acceptability of any proposed substitution.

2.6.4 Any item substitution shall require a formal contract amendment authorized by the department prior to the state acquiring the substitute item under the contract.

2.7 State’s Obligations:

2.7.1 Project Managers will be available by phone or email Monday-Friday 8a.m – 4:30p.m. Department staff will be periodically on-site to observe progress of the contract.

2.8 Reporting Requirements:

2.8.1 Periodic (Monthly) Reports: The reporting period shall be on a monthly basis until all work has been completed on both properties. The Monthly Reports shall be submitted to the department no later than 10 calendar days after the end of the month (i.e. the first monthly report (December) will be due January 2027).

2.8.2 Periodic, monthly progress reports shall outline the total acreage and location of TSI/herbicide treatment services completed during the reporting period.

2.8.3 Periodic, monthly progress reports shall outline the total acreage of TSI/herbicide treatment completed to date with completion dates specified, and number and location of TSI/herbicide treatment acreage remaining with projected date(s) of completion.

2.8.4 Periodic, monthly progress reports shall include a map clearly depicting the completed TSI/herbicide treatment areas.

2.9 Final Report:

2.9.1 The contractor shall complete and submit the final report to the state agency forty-five (45) calendar days after completion of services outlined herein.

2.9.2 The Final Report shall summarize the number of acres of TSI/herbicide treatment completed and the corresponding completion dates.

2.9.3 The Final Report shall include a map locating the areas where TSI/herbicide treatment was completed for the entire project’s ~150 acres of TSI.

2.9.4 At least thirty (30) calendar days prior to the due date for submission of the final report, the contractor shall submit one electronic copy of a preliminary draft of the final report to the state agency for review and comment.

2.9.5 If required by the state agency, the contractor shall modify and/or provide additional elaboration as deemed necessary to ensure a comprehensive and thoroughly written document as required by the requirements of the contract. The review by the state agency shall be completed within 15 calendar days of receipt of the draft.

2.9.6 If required by the state agency, the contractor shall prepare and submit a second draft of the final report to the state agency for review and comment. Additional drafts shall also be prepared if deemed necessary by state agency. For any additional drafts that are required, the contractor shall complete and submit the draft within ten

(10) calendar days from the date of receipt of the state agency’s comments.

2.9.7 Final Approved Report – Prior to the required due date specified above and after completing all revisions to the draft as specified above, the contractor shall provide the state agency with one electronic copy of the final approved report in Microsoft compatible format.

2.9.8 Retention of Records and Documents: Unless specified in writing as a shorter period of time, the contractor shall preserve and make available with no limitation all books, documents, papers, and records involving transactions related to the contract for a period of five (5) years from the date of the cancellation, expiration, or termination of the contract. Records and supporting documentation under audit or involved in litigation shall be kept for two (2) years following the conclusion of the litigation or audit. During the contract period, access to these items shall be provided through a vehicle specified by the state agency. During the post-contract period delivery and access to these items shall be at no cost to the state agency.

2.9.9 Records: The contractor must maintain financial and accounting records and evidence pertaining to the contract in accordance with accepted standard accounting principles or International Financial Reporting Standards (IFRS).

2.9.10 Once annually, or otherwise as reasonably required by the state, the contractor shall make all such records, books, and other documents relevant to the contract available to the state, its designees, and the Missouri State Auditor in a commercially reasonable format acceptable to the state at all reasonable times during the term of the contract and for three (3) years after the cancellation, expiration, or termination of the contract or for any longer period of time required by law. The state will provide a minimum of fourteen (14) calendar days’ notice and will coordinate with the contractor regarding the scope of the audit.

2.9.11 The contractor shall permit the Missouri State Auditor’s Office, federal auditors and authorized representatives of the State of Missouri to perform an independent audit or examine, copy, or investigate any of the contractor’s records, procedures, books, documents, and records recording receipts and disbursements of any of the funds paid to the contractor only for services performed under the contract. Failure to retain adequate documentation for any service billed may result in recovery of payments for services not adequately documented.

Any audit exception noted by auditors shall not be paid by the state and shall be the sole responsibility of the contractor. However, the contractor may contest any such exception by any legal procedure.

2.9.12 The state shall not designate any individual, entity, or firm to conduct the audit that is a competitor of the contractor. Any audit conducted or records reviewed under this provision shall be limited to services provided to State of Missouri and shall not require the contractor to disclose information pertaining to any other customer or client of the contractor.

2.9.13 The services required herein are not intended to be an audit, examination, attestation, special report or agreed-upon procedures engagements as those services are defined in the American Institute of Certified Public Accounts (AICPA) literature applicable to such engagements conducted by independent auditors. Accordingly, these services shall not result in the issuance of written communication to third parties by the contractor directly reporting on financial data or internal control or expressing a conclusion or any other form of assurance. The contractor shall maintain a copy of the work products for documentation purposes for the AICPA.

2.10 Electronic Funds Transfer, Invoicing, and Payment Requirements:

2.10.1 Electronic Funds Transfer (EFT): The State of Missouri will submit contract payments to the contractor at the remittance address listed in the contractor’s MissouriBUYS (WebProcure/Proactis) vendor registration.

However, the contractor understands and agrees the state reserves the right to make contract payments to the contractor through electronic funds transfer (EFT). Therefore, prior to any payments becoming due under the contract, the contractor must verify and update, if applicable, their vendor registration with their current remittance address and ACH-EFT payment information at https://MissouriBUYS.mo.gov.

2.10.2 Invoicing: The contractor shall submit invoices monthly. Invoices shall be submitted to the department no later than ten (10) calendar days after the end of the month, the first invoice for the month of December will be due January 2027. The contractor shall perform the services prior to invoicing the state agency.

2.10.3 The contractor shall invoice the state agency on the contractor’s original descriptive business invoice form and submit the invoice to the address on the front page of this document / the following address:

Missouri Department of Natural Resources Att: Environmental Remediation Section P.O. Box 176 Jefferson City, MO 65102-1076

2.10.4 The contractor shall use uniquely identifiable invoice numbers to distinguish an invoice from a previously submitted invoice and shall include on the invoice the remittance address listed in the contractor’s MissouriBUYS (WebProcure/Proactis) vendor registration.

2.10.5 Each contractor invoice must be on the contractor’s original descriptive business invoice form and must contain a unique invoice number and the remittance address included in the contractor’s MissouriBUYS (WebProcure/Proactis) vendor registration. The invoice number will be listed on the state’s EFT addendum record to enable the contractor to properly apply state payments to invoices. The contractor must comply with all other invoicing requirements stated in the IFB.

2.10.6 The statewide financial management system has been designed to capture certain receipt and payment information. For each purchase order received, an invoice must be submitted that references the purchase order number and should be itemized in accordance with items listed on the purchase order. Failure to comply with this requirement may delay processing of invoices for payment.

2.10.7 The contractor shall not invoice federal or state taxes unless required under law or regulation.

2.11 Payment:

2.11.1 Payments are due upon receipt of a valid invoice, payable in 30 calendar days. All invoices for equipment, supplies, and/or services purchased by the State of Missouri shall be subject to late payment charges as provided in section 34.055, RSMo.

2.11.2 The State of Missouri does not pay state or federal taxes unless otherwise required under law or regulation.

2.11.3 The State of Missouri assumes no obligation for equipment, supplies, and/or services shipped or provided in excess of the quantity ordered. Any unauthorized quantity is subject to the state's rejection and shall be returned at the contractor's expense.

2.11.4 Inspection and Acceptance Specifications: For purposes of acceptance, no equipment, supplies, and/or services received by the state pursuant to a contract shall be deemed accepted until the state has had reasonable opportunity to inspect said equipment, supplies, and/or services.

2.11.5 All equipment, supplies, and/or services which do not comply with the specifications and/or requirements, or which are otherwise unacceptable or defective, may be rejected by the state. In addition, all equipment, supplies, and/or services which are discovered to be defective, or which do not conform to any warranty of the contractor upon inspection (or at any later time if the defects contained were not reasonably ascertainable upon the initial inspection) may be rejected.

2.11.6 The State of Missouri reserves the right to return any such rejected shipment at the contractor's expense for full credit or replacement and to specify a reasonable date by which replacements must be received.

2.11.7 The State of Missouri's right to reject any unacceptable equipment, supplies, and/or services shall not exclude any other legal, equitable or contractual remedies the state may have.

2.11.8 If the state agency denies a request by the contractor for payment, the state agency will provide the contractor with written notice of the reason(s) for denial.

2.11.9 If the contractor is overpaid by the state agency the contractor, upon notification by the state agency, shall provide the state agency (1) with a check payable as instructed by the state agency or (2) deduct the overpayment from the invoice(s) as requested by the state agency.

2.11.10 The total payments to the contractor for all services and expenses shall not exceed the total price stated on Exhibit C, Pricing Pages.

2.11.11 Other than the payments specified in the contract, no other payments shall be made to the contractor.

****END OF SCOPE OF WORK SECTION****

3. TERMS AND CONDITIONS SECTION

3.1 Applicable Laws and Regulations:

3.1.1 The contract shall be construed according to the laws of the State of Missouri. The contractor and the State of Missouri must follow all applicable federal, state, and local laws and regulations that apply to the performance of the contract. To the extent that a provision of the contract is contrary to the Constitution or laws of the State of Missouri or of the United States, the provisions shall be void and unenforceable. However, the balance of the contract shall remain in force between the parties unless terminated by consent of both the contractor and department.

3.2 Non-Discrimination and Affirmative Action:

3.2.1 The contractor must comply with applicable federal and state laws and regulations addressing discrimination in employment.

3.3 Americans with Disabilities Act:

3.3.1 In connection with the furnishing of equipment, supplies, and/or services under the contract, the contractor and all subcontractors shall comply with all applicable requirements and provisions of the Americans with Disabilities Act (ADA), ADA is 42 U.S.C. section 1201, et seq.

3.4 Authorized Personnel/E-Verify:

3.4.1 For work performed under the contract, the contractor shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws, including section 285.530, RSMo and Executive Order 07-13. If the contractor employs personnel not authorized to work in the United States, the state shall have the right to cancel the contract immediately without penalty or recourse, and to pursue any other remedies permitted by the contract or by applicable state or federal law.

3.4.2 Prior to the performance of any services, a contractor meeting the definition of a business entity in section 285.525, RSMo, shall maintain enrollment and participation in the E-Verify Federal work authorization program with respect to the employees hired after enrollment in the program for work in connection with the contracted services included herein. If the contractor’s business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, then the contractor shall enroll and participate in the E-Verify program.

3.4.3 The contractor shall only be required to provide the affidavits required in section 285.530.2, RSMo, to the state on an annual basis. https://purch.oa.mo.gov/vendor-information/affidavit-work-authorization-annual-renewal

3.4.4 The contractor shall ensure that its subcontractors comply with section 285.530, RSMo.

3.5 Business Registration:

3.5.1 The contractor must meet the requirements for conducting business in the State of Missouri, prior to performance of services under the contract, and for the duration of the contract. The contractor must be registered and maintain good standing with the Secretary of State of the State of Missouri and other regulatory agencies, as may be required by law or regulations. Such business requirements for formation and operation include, but are not limited to, those in Chapters 347-359, RSMo.

3.6 Elected or Appointed Officials and Employees:

https://purch.oa.mo.gov/vendor-information/affidavit-work-authorization-annual-renewal

3.6.1 Elected or appointed officials or employees of the State of Missouri or any political subdivision thereof, serving in an executive or administrative capacity, must comply with sections 105.452 and 105.454, RSMo, regarding conflict of interest.

3.7 Hazard Communication Safety Data Sheets and Labeling Requirements:

3.7.1 The State of Missouri, in accordance with the revised rules and regulations of the Occupational Safety and Health Administration (OSHA) requires that all hazardous chemicals and commodities purchased by the State of Missouri be labeled with warning labels, and either contain a safety data sheet with each shipment, or the contractor otherwise shall make available a safety data sheet specific to the product available for downloading from the internet. The contractor shall ensure that the state agency is informed about where to find safety data sheets for products under contract. Safety data sheet information must be compliant with OSHA’s Hazard Communication Standard. Therefore, the contractor must comply with this mandatory requirement for all commodities provided under contract that contain hazardous material. The contractor’s Safety Data Sheets shall comply with the OSHA uniform formatting requirements that became effective June 1, 2015, and the contractor’s Safety Data Sheets shall always comply with any changes to those OSHA requirements. Failure to comply with this requirement may cause cancellation of the contract with goods returned at the contractor's expense as well as suspension from the solicitation list for future requirements.

3.8 Indemnification:

3.8.1 Unless expressly provided by Missouri law to the contrary, pursuant to the Constitution of the State of Missouri, Article III, section 39, subsections 2 and 5, the state shall not indemnify, hold harmless, or agree in advance to defend, any person or entity.

3.9 Legal Proceedings:

3.9.1 For any legal action or other proceedings, per section 27.050 and section 27.060, RSMo, the Missouri Attorney General is given the authority to represent the State of Missouri’s interests. The venue for any legal proceeding relating to or arising out of the IFB or resulting contract shall be in circuit court for Cole County, Missouri or the United States District Court for the Western District of Missouri, Central Division.

3.9.2 The contractor and the state agree that if a dispute concerning the contract arises that the parties shall make an attempt to resolve the dispute through informal methods before initiating litigation.

3.9.3 The State of Missouri does not agree to any arbitration. The State of Missouri does not voluntarily agree to the payment of attorneys’ fees. The state may, but is not required to, mediate any dispute arising under the contract, and any vendor provisions requiring mediation or dispute resolution processes shall not be binding upon the state.

3.10 Invoicing and Payment:

3.10.1 Invoicing and payments must follow section 33.120, section 34.055, and section 8.960, RSMo. All payments shall be made in arrears, unless the requirements of 1 CSR 10-3.010 allow for advance payment of goods or services.

3.11 Non-Appropriation of Funds:

3.11.1 The contractor understands and agrees that funds required to fund the contract must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the contract period. The contract shall not be binding upon the state for any period in which funds have not been appropriated, have been withheld, or have been restricted, and the state shall not be liable for any costs associated with termination caused by lack of appropriations or authority to spend. This includes, but is not limited to, the provisions of the Mo. Const. Article IV, sections 23, 27, 28 and in sections 33.030 and 33.065, RSMo and 1 CSR 10-3.010 (1)(B).

3.11.2 To the extent that federal funding is used for the contract, the contract shall not be binding upon the state for any period in which such funding is reduced, terminated, withheld, restricted, or is frozen or paused.

3.12 Work Outside the United States:

3.12.1 Unless work outside the United States is prohibited by the IFB, any work performed outside of the United States for the contract must comply with Executive Order 04-09.

3.13 Open Records:

3.13.1 Pursuant to section 610.021, RSMo, the contract and related documents are available for public review.

3.14 Protests:

3.14.1 Any bid award protest must be received within ten (10) state business days after the date of award in accordance with the requirements of 1 CSR 40-1.050.

3.15 Record Access:

3.15.1 The contractor shall grant the State Auditor access to records/items as stated in section 29.235, RSMo.

3.16 State Preferences:

3.16.1 If the contractor’s awarded bid includes state preferences, the contractor must comply with the rules applicable to those preferences including:

Section 34.070 and section 34.073 RSMo for Missouri business preferences;

Section 34.074 RSMo and 1 CSR 40-1.050 for Service Disabled Veteran Enterprises;

Section 34.165 RSMo and 1 CSR 40-1.050 for Organizations for the Blind/Sheltered Workshops;

3.17 Taxes: The contractor must timely file and pay all Missouri sales, withholding, corporate and any other required Missouri tax returns and taxes, including interest and additions to tax. No contract shall be awarded to a vendor that does not meet the conditions of section 34.040.7, RSMo.

*****END OF TERMS AND CONDITIONS SECTION*****

4. GENERAL CONTRACTUAL REQUIREMENTS SECTION

4.1 Contract Definition:

4.1.1 A binding contract shall consist of the following documents:

a) The most current version of the IFB (including all Exhibits and Attachments included in the IFB)

b) IFB amendment(s) issued prior to bid closing, and contract amendment(s);

c) The most current version of the contractor’s bid, state-requested clarification responses, and contract amendment responses; and the department’s acceptance of the response (bid) by “notice of award”.

4.1.2 The contract expresses the complete agreement of the parties and performance shall be governed solely by the specifications and requirements contained therein.

4.1.3 The vendor’s response, whether responding to a mandatory requirement or a desired attribute, will be binding upon the contractor in the event the vendor’s response is accepted by the state and a contract is awarded.

4.1.4 The contractor further agrees that the language of the IFB shall govern in the event of a conflict with the contractor’s response.

4.1.5 The contractor shall agree to furnish all awarded services specified in the contract, at the prices quoted therein.

4.1.6 A notice of award issued by the State of Missouri does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with services. Before providing services for the State of Missouri, the contractor must receive a properly authorized purchase order or other form of written authorization to proceed from the state, such as an order form, (in addition to the department’s “notice of award”).

4.2 Contract Amendment:

4.2.1 All changes to the contract must be accomplished by a formal contract amendment executed by both the contractor and the department prior to the effective date of such change. No other means shall be used or construed as an amendment or modification to the contract.

4.3 Contract Period:

4.3.1 The original contract period shall be as specified on the cover page and the subsequent Notice of Award of the IFB.

4.3.2 Renewal Option(s): The department shall have the right, at its sole option, to renew the contract for two (2) additional one-year period(s), or any portion thereof. In the event the department exercises such rights, all terms and conditions, requirements and specifications of the contract shall remain the same and apply during the renewal period, pursuant to applicable option clauses of this document.

4.4 Contract Pricing:

4.4.1 All prices shall be firm, fixed, and as indicated in Exhibit C, Pricing Pages. The state shall not pay nor be liable for any other additional costs, including but not limited to taxes, shipping charges, insurance, interest, penalties, termination payments, liquidated damages, attorney fees, etc.

4.4.2 Pricing Commitment: The contractor shall understand and agree the firm, fixed pricing stated in the Exhibit C, Pricing Pages shall not be increased unless the state requests a corresponding increase in the scope of work under the contract, which shall only be allowable through a formal contract amendment mutually agreed to between the Division of Purchasing and the contractor. In other words, if the contractor underestimates the level of effort in terms of any resources, the contractor may not charge the state more than the firm, fixed pricing stated in the Exhibit C, Pricing Pages. If the state later amends the contract to increase the scope of work, then the cost related to the additional scope of work may be reflected as agreed upon by the state and the contractor. If the scope of work does not increase, the contractor shall complete all work agreed upon in the contract at the firm, fixed pricing stated in the Exhibit C, Pricing Pages.

4.4.3 Contract Extension: The department shall have the right, at its sole option, to extend the contract as necessary to allow for the completion of timber stand improvements that are scheduled for completion beyond the expiration of the contact.