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State of Missouri Department of Corrections/Division of Offender Rehabilitative Services

Invitation for Bid (IFB) for Healthcare Actuarial Study Services

SOLICITATION NO.: DOC 0000000061SL

ISSUE DATE: June 26, 2026

CONTRACT PERIOD: Date of Award through One (1) Year

REQUISITION NO.: 26708323

BID DUE NO LATER THAN: July 24, 2026, AT 2:00 PM CENTRAL TIME Response must be submitted electronically through MissouriBUYS, powered by MOVERS, at https://missouribuys.mo.gov

IFB CONTACT INFORMATION:

PROCUREMENT OFFICER: Beth Lambert, Director of Purchasing

PHONE NO.: (573) 526-6494

EMAIL: beth.lambert@doc.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 Correction

2729 Plaza Drive

Jefferson City, MO 65109

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/

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IFB Organization:

IF

B S ec ti o n s 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 d o r

R es p o n se

E x h ib it s

(R et u rn t h es e ex h ib it s w it h t h e b id

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 – Personnel Qualifications

Exhibit F Technical Bid – Methodology, Approach, and Work Plan

Exhibit G Participation Commitment

Exhibit H Documentation of Intent to Participate

BUSINESS COMPLIANCE EXHIBITS

Exhibit I State of Missouri Tax Compliance

Exhibit J Registration of Business Name with the Missouri Secretary of State

Exhibit K Business Entity Certification, Enrollment Documentation, and

Affidavit of Work Authorization

Exhibit L Services Outside the United States

Exhibit M Employee/Conflict of Interest

IF

B

A tt ac h m en t

Attachment

Attachment 1 Business Associate Agreement

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1. INTRODUCTION AND BACKGROUND INFORMATION SECTION

1.1 Introduction:

1.1.1 Purpose: This document constitutes a request for competitive, sealed bids for the provision of Healthcare

Actuarial Study Services as set forth herein for the Missouri Department of Corrections (hereinafter referred to as “state agency”).

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

Section 2.2, 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 Under the eighth amendment of the United States Constitution, correctional agencies must provide access to adequate medical and mental health care to offenders and avoid deliberate indifference to serious medical or mental health needs, regardless of the healthcare delivery model.

1.2.2 The Missouri Department of Corrections is responsible for providing access to medical and mental health care to offenders housed in the state’s correctional institutions and transition centers.

1.2.3 The state agency currently has a contract in place to provide medical and mental health care to offenders.

This contract can be found at https://missouribuys.mo.gov/ by searching for contract number

CS210318001.

1.2.4 The Missouri Department of Corrections operations nineteen (19) correctional institutions and two (2) transition centers across the state and is responsible for providing healthcare services to approximately

25,000 offenders. Healthcare services include medical, mental health, dental, pharmacy and other related healthcare services provided through the state’s current offender healthcare contract.

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 of 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.

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

DOC 0000000061SL Page 4 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 a 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.

1.5.2 General Glossary, Acronyms, and Abbreviations:

a. 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.

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

c. 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.

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

e. Procurement officer means the procurement staff member of the department.

f. 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.

g. 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.

h. 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.

i. 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.

j. 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.

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

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

m. 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.

n. 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.

o. 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.

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

q. 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.

r. Shall has the same meaning as the word must.

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

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

u. Supplier has the same meaning as the word, vendor.

v. 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****

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2. SCOPE OF WORK SECTION

2.1 General Requirements:

2.1.1 The contractor shall provide Healthcare Actuarial Study Services for the Department of Corrections in accordance with the provisions and requirements stated herein and to the sole satisfaction of the state agency.

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 Within thirty (30) calendar days after award of contract, the contractor must contact the state agency to obtain information regarding population demographics and current healthcare services.

2.1.4 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.

2.2 Minimum Experience Requirements:

2.2.1 The contractor must have five (5) years’ experience providing healthcare actuarial study services.

a. The contractor and contractor’s team must demonstrate experience with public-sector healthcare actuarial studies and utilize credentialed actuarial professionals with extensive education, examination, and professional standards requirements.

2.2.2 Project Manager: The project manager assigned to the contract must have a minimum of three (3) years’ experience managing correctional healthcare, healthcare finance, actuarial or related projects.

2.2.3 Team Member: Team members assigned to the contract must have a minimum of one (1) years’ experience with healthcare cost analysis, correctional healthcare, healthcare finance, or related projects.

2.3 Personnel Qualifications:

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

a. 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.

b. Project Manager: The contractor shall assign a project manager who will be performing services under the contract. By no later than ten (10) 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 project manager. The project manager shall be responsible for performing the requirements stated herein.

2.3.2 The contractor must provide information regarding the contractor and contractor’s personnel who will be providing services to the state agency. The information provided must include the following:

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• Narrative demonstrating significant experience and competence evaluating health care delivery methods, preferably in the correctional setting

• Description of sufficient corporate resources to deliver the products and services requested

• Resumes of each proposed team member including team leader and project manager that detail the member’s specific related experience in project similar to this requested study

• Establish the ability to successfully manage and timely complete a complex project such as the one outlined in this IFB.

2.4 Contractor’s Study:

2.4.1 The contractor shall review the state agency’s current medical and mental health services provided to offenders and report to the state agency the findings of their study as described below.

2.4.2 The contractor shall develop future healthcare cost projects and identify key cost drivers that may impact healthcare expenditures under the current delivery model and any proposed alternative delivery models.

2.4.3 The contractor’s study must include medical, dental, vision, mental health, medication-assisted treatment

(MOUD/MAT), prescription services, medical equipment, on-site services, community and external healthcare services, specialty care, hospitalization, staffing and litigation risk.

2.4.4 Current Provision of Healthcare Services: The contractor’s study must describe the current provision of offender health care services provided by the Missouri Department of Corrections and include the following requirements:

a. Description of information related to current offender health care needs in the state agency, including, but not limited to, offender characteristics such as age, sex, and offender disease burden, including prevalence of chronic disease by age and other factors such as length of sentence that may impact healthcare needs.

b. Summary of the current service delivery model for offender healthcare in the state agency which describes at a minimum the following components:

1) Administrative structure and staffing

2) Service provision and staffing, including a description of provider network

3) Overview of contract requirements

4) Description of all related costs including administrative costs, costs by broad service categories, and other costs such as lawsuit settlements or pending lawsuits related to the current delivery system.

2.5 Alternative Models:

2.5.1 The contractor’s study must assess and describe alternative models of delivering offender health care services in the state agency and must include the following information:

a. Consideration and detailed description of the following options for alternative models:

1) Full Privatization: healthcare services are fully staffed and managed by the vendor and the state agency manages healthcare services through contract enforcement.

2) Full Self-Operation: the state agency fully manages and staffs healthcare services.

3) Hybrid: the consultant examines possible alternative and hybrid healthcare service delivery models and makes possible recommendations.

2.5.2 The alternative model description must include covered and non-covered services, provider payment methodologies, and delivery systems including fee-for-service and capitated rates as well as mechanisms for quality assurance.

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2.5.3 For each alternative model option, the contractor must provide detailed analyses to estimate costs, including, but not limited to costs of administering the system, service delivery costs, and other related costs such as offender transportation.

2.5.4 The alterative model description must include evaluation of implementation considerations, including but not limited to a determination of the adequacy of the Missouri labor market for skilled medical personnel for each method of delivery and consideration of quality assurance mechanisms.

2.5.5 The alternative model description must include an assessment of timelines if the alternative option was implemented, including estimated timeframes for important milestones of implementing the method of delivery, and the length of time to fully implement the health care delivery system.

2.5.6 For each alternative model option, the description must include detailed estimate staffing needs, including explanation for these needs as well as calculations showing the needs, and a hiring schedule for filling positions for insourced components of delivery.

2.6 Performance/Product Requirements:

2.6.1 Estimated Quantities: The quantities indicated in this IFB are estimates that pertain to the total aggregate quantities that may be ordered throughout the stated contract period. The estimates do not indicate single order amounts unless otherwise stated. Unless otherwise specified herein, the State of Missouri makes no guarantees about single order quantities or total aggregate order quantities.

2.6.2 Substitutions: The contractor shall not substitute any item(s) that has been awarded to the contractor without the prior written approval of the department.

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

b. Any item substitution must be a replacement of the contracted item with a product of equal or better capabilities and quality, and with equal or lower pricing. The contractor shall understand that the state reserves the right to allow the substitution of any new or different product/system offered by the contractor. The department shall be the final authority as to acceptability of any proposed substitution.

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

d. The state may choose not to compel an item substitution in the event requiring a substitution would be deemed unreasonable in the sole opinion of the State of Missouri. The contractor shall not be relieved of substituting a product in the event of manufacturer discontinuation or other reason simply for reasons of unprofitability to the contractor.

2.6.3 Background Checks: Prior to providing services under the contract, the contractor must ensure personnel

(including any third-party personnel) pass standard background checks equal to those required by the

State of Missouri for employees, and if required by the state to address an audit, the contractor must attest whether all applicable employees passed background checks performed in accordance with the contractor’s standard background check process. The contractor shall be responsible for all costs associated with background checks. The state agency reserves the right to require the contractor to provide evidence of employees and all sub-contractors and their employees passing a background check.

Link to MSHP Criminal Record Check website:

http://www.mshp.dps.missouri.gov/MSHPWeb/PatrolDivisions/CRID/crimRecChk.html. The standard http://www.mshp.dps.missouri.gov/MSHPWeb/PatrolDivisions/CRID/crimRecChk.html

DOC 0000000061SL Page 9 background check shall be a nationwide fingerprint check through Missouri State Highway Patrol completed at a frequency determined by the state.

2.7 State’s Obligations:

2.7.1 The state agency will provide the contractor and/or contractor’s staff access to information needed to complete the study. This may include, but not limited to historical healthcare costs, staffing information, invoices, reports, healthcare and mental health utilization data, offender population information and other records related to healthcare operations.

2.7.2 The state agency will provide the contractor and/or the contractor’s staff access to the state agencies current healthcare provider, staffing structure, costs, utilization trends, and operational processes as well as access to state agency staff and subject matter experts who work closely with the healthcare services provided by the state agency.

2.8 State Data:

2.8.1 State Data Location: All data associated with the service shall only be hosted, stored, and accessed within the United States.

a. Ownership: The state’s electronic data or information submitted by the state or its authorized users with authorized access to the solution/service shall be considered “State Data” for ownership purposes of the contract, as the state serves as either the owner or curator of the data submitted in the solution/service. “State Data” shall include: (a) the state’s data collected, used, processed, stored, or generated as the result of the Services; (b) personally identifiable information (“PII”) collected, used, processed, stored, or generated as the result of the services, including, without limitation, any information that identifies an individual, such as an individual’s social security number or other government-issued identification number, date of birth, address, telephone number, biometric data, mother’s maiden name, email address, credit card information, or an individual’s name in combination with any other of the elements listed herein; and (c) protected health information (“PHI”) as that term is defined under the Privacy Rule, 45 Code of Federal Regulations

(CFR) §160.103. State data is and shall remain the sole and exclusive property of the state and all right, title, and interest in the same is reserved by the state.

b. “State Data” stored in the software and services being provided as a result of the contract shall also be known and treated by the contractor as confidential information in accordance with the contract, applicable contractor’s documentation, and applicable law.

2.8.2 Contractor Use of State Data: The contractor shall: (a) keep and maintain state data in strict confidence, using such degree of care as is appropriate and consistent with its obligations as further described in the contract and applicable law to avoid unauthorized access, use, disclosure, or loss; (b) use and disclose state data solely and exclusively for the purpose of providing the services, such use and disclosure being in accordance with the contract, any applicable Statement of Work, and applicable law; (c) not use, sell, rent, transfer, distribute, or otherwise disclose or make available state data for contractor’s own purposes or for the benefit of anyone other than the state without the state’s prior written consent; and, (d) not provide state data to any third party without the express written permission of the state. “…for the purpose of providing the services” as referenced above includes the right of the contractor to use state data to prevent or address service or technical problems, and verify service improvements, in accordance with the contract and the solution’s documentation, or in accordance with the state’s instructions.

2.8.3 Return of State-owned Data: The contractor shall return state-owned data to the State of Missouri in a format mutually agreed to by the state and contractor and with a key or crosswalk to the information, where applicable, at no additional cost to the state. The state shall have the right to test the data extract provided by the contractor at a frequency determined by the state.

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2.9 Reporting Requirements:

2.9.1 Services Update: The contractor and/or contractor’s staff must provide the state agency with bi-weekly updates on the progress of services and tentative finds. The contractor and/or contractor’s staff must attend these meetings which may include other project staff as deemed necessary to provide complete information on the status of the review. These updates shall occur throughout the contract period by telephone at a time mutually agreed upon by the contractor and the state agency. These updates will include discussion of potential findings and concerns. Additional meetings may be requested by the state agency.

2.9.2 Draft Final Report: The contractor must submit an electronic draft of the final report to the state agency no later than October 1, 2026.

a. The draft must include all outcomes and supporting evidence related to each of the identified research tasks mentioned in sections 2.4, 2.5 and 2.6 of the IFB.

b. The draft should also include charts, graphs and exhibits that are proposed for inclusion in the final report.

c. The draft must also include an executive summary that clearly and succinctly describes the information that will be included in the final report.

d. The state agency will provide feedback to the contractor on the completeness and clarity of the draft to ensure that the necessary information needs are met and may propose modifications or revisions.

2.9.3 Final Report: The contractor shall complete and submit an electronic version of final report to the state agency by November 15, 2026. The final report must summarize and compare the cost-effectiveness and service quality of assessed alternative offender health care services, including a comparison of the costs for administration, service provision, and quality assurance.

a. The state agency will review the final report for errors so that immediate corrections can be made and the final report resubmitted.

b. The contractor shall schedule a presentation of the final report to occur no later than December 1, 2026, to persons or organizations as deemed necessary by the state agency. This presentation may happen either virtually or in person.

2.9.4 Contract Monitoring: The state agency reserves the right to monitor the contract throughout the effective period of the contract to ensure financial and contractual compliance. If the state agency determines the contractor to be at high-risk for non-compliance, the state agency shall have the right to impose special conditions or restrictions. Written notification will be provided to the contractor of the determination of high-risk and of any special conditions or restrictions to be imposed. The special conditions or restrictions may include, but not limited to, those conditions specified below:

a. Requiring additional, more detailed financial reports or other documentation;

b. Additional contract monitoring;

c. Requiring the contractor to obtain technical or management assistance; and/or

d. Establishing additional prior approvals from the state agency.

2.9.5 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 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 five years following the conclusion of the litigation or audit. During the

DOC 0000000061SL Page 11 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.

2.9.6 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).

a. 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.

b. 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, papers, 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.

c. 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.

d. 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 a 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 due by the last day of the month following the month in which the contractor provided services under the contract. The contractor shall perform the services prior to invoicing the state agency.

a. 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:

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Accounts Payable/DORS

Missouri Department of Corrections

PO Box 236

Jefferson City, MO 65102

b. 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.

c. 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.

d. 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.

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

2.10.3 Payment:

a. 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.

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

c. 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.

2.10.4 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.

a. 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.

b. 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.

c. 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.

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2.10.5 Travel Expenses: The contractor shall include all travel expenses in their firm, fixed bid pricing on

Exhibit C, Pricing Page.

2.10.6 The total payments and reimbursements to the contractor for all services and expenses shall not exceed the guaranteed not to exceed total price stated on the Exhibit C, Pricing Page.

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

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

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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 Associate Agreement:

3.5.1 Some of the state agencies and the contractor are both subject to and must comply with provisions of the

Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended by the Health

Information Technology for Economic and Clinical Health Act (HITECH) (PL-111-5) and all regulations promulgated pursuant to authority granted therein. The contractor shall abide by a Business Associate

Agreement. The state’s current Business Associate Agreement is contained in Attachment 1.

3.6 Business Registration:

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

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3.6.1 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.

3.7 Data Breach:

3.7.1 If a data breach impacting the State of Missouri’s data requires the state to comply with section 407.1500, RSMo, the contractor shall assist the state by providing to the state any requested information held by the contractor concerning the breach and the state’s data stored in the software and services being provided as a result of the contract.

3.8 Elected or Appointed Officials and Employees:

3.8.1 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.

3.9 Indemnification:

3.9.1 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.

3.10 Legal Proceedings:

3.10.1 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.

3.10.2 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.

3.10.3 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.

3.11 Invoicing and Payment:

3.11.1 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.

3.12 Non-Appropriation of Funds:

3.12.1 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, DOC 0000000061SL Page 16 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).

3.12.2 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.

3.13 Work Outside the United States:

3.13.1 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.

3.14 Open Records:

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

3.15 Prison Rape Elimination Act (PREA) Requirements:

3.15.1 In accordance with the Prison Rape Elimination Act, the contractor’s personnel and agents providing service under the contract and within the security perimeter of the state agency’s facilities must be at least

21 years of age.

3.15.2 Prior to the provision of service, the state agency may conduct a Missouri Uniform Law Enforcement

System (MULES) or other background investigation on the contractor’s personnel and agents. Such investigation shall be equivalent to investigations required of all personnel employed by the state agency.

a. The state agency shall have the right to deny access into the institution for any of the contractor’s personnel and agents, for any reason. Such denial shall not relieve the contractor of any requirements of the contract.

3.15.3 The contractor must obtain written approval from the state agency’s Director of the Division of Adult

Institutions for any contractor personnel and agents under active federal or state felony or misdemeanor supervision, and contractor personnel and agents with prior felony convictions but not under active supervision, prior to such personnel and agents performing contractual services.

3.15.4 The contractor and the contractor’s personnel and agents shall at all times observe and comply with all applicable state statutes, state agency rules, regulations, guidelines, internal management policy and procedures, and general orders of the state agency that are applicable, regarding operations and activities in and about all state agency property. Furthermore, the contractor and the contractor’s personnel and agents shall not obstruct the state agency nor any of its designated officials from performing their duties in response to court orders or in the maintenance of a secure and safe correctional environment. The contractor shall comply with the state agency’s policy and procedures relating to personnel conduct.

3.15.5 The state agency has a zero tolerance policy for any form of sexual misconduct to include staff/contractor/volunteer-on-offender or offender-on-offender sexual harassment, sexual assault, sexual abusive contact, and consensual sex. The contractor and the contractor’s personnel and agents who witness sexual misconduct must immediately report such to the institution’s warden. If the contractor, or the contractor’s personnel and agents, engage in, fail to report, or knowingly condone sexual misconduct with or between offenders, the contract shall be subject to cancellation and the contractor or the contractor’s personnel and agents may be subject to criminal prosecution.

3.15.6 If the contractor, or the contractor’s personnel and agents, engage in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility or other institution, the contractor or the contractor’s personnel and agents shall be denied access into the institution.

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3.15.7 The contractor and the contractor’s personnel and agents shall not interact with the offenders except as is necessary to perform the requirements of the contract. The contractor and the contractor’s personnel and agents shall not give anything to nor accept anything from the offenders except in the normal performance of the contract.

3.16 Protests:

3.16.1 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.

3.17 Record Access:

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

3.18 State Preferences:

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

a. Section 34.070 and section 34.073 RSMo for Missouri business preferences;

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

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

3.19 Taxes:

3.19.1 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*****

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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) as amended by: IFB amendment(s) issued prior to bid closing, and contract amendment(s);

b. the most current version of the contractor’s response, state-requested clarification…