DPS MO VET COMM 0000000024SL - Biomedical Equipment Inspections - Mt Vernon.pdf

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State of Missouri

MISSOURI VETERANS COMMISSION

Request for Quotation (RFQ) for Biomedical Equipment Services

SOLICITATION NO.: DPS MO VET COMM 0000000024SL

ISSUE DATE: August 25, 2026 CONTRACT PERIOD: Date of Award through One (1) Year

REQUISITION NO.: MVC-MV26-011

TARGET DATE AND TIME: September 8, 2026 AT 2:00 PM CENTRAL TIME Response should be submitted online electronically through MissouriBUYS, powered by MOVERS, at https://missouribuys.mo.gov but may respond by electronic “hard copy” (see emailing instructions below)

EMAILING INSTRUCTIONS: Type RFQ Number and Return Target Date subject line of the email. Bid responses should be in the Missouri Veterans Commission office via email to Christina.Russell@mvc.dps.mo.gov by the target date and time.

RFQ CONTACT INFORMATION:

Procurement Officer: Christina Russell

PHONE NO.: (573) 522 - 1406

EMAIL: Christina.Russell@mvc.dps.mo.gov

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

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

THE FOLLOWING ADDRESS:

Missouri Veterans Home – Mount Vernon 1600 S. Hickory

Mount Vernon, MO 65712 https://missouribuys.mo.gov/ mailto:Christina.Russell@mvc.dps.mo.gov mailto:Christina.Russell@mvc.dps.mo.gov

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ATTENTION:

1. After reviewing the Request for Quotation (RFQ), 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 RFQ’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.

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RFQ Organization:

R

FQ

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

R

FQ

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 Current/Prior Experience Verification Exhibit E Participation Commitment Exhibit F Documentation of Intent to Participate Exhibit G Missouri Service-Disabled Veteran Business Enterprise Preference

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

R

FQ

A tta ch m en ts Attachments (Separate Documents) (Do not return these documents with response)

Attachment A Biomedical Equipment List, Missouri Veterans Home – Mount Vernon, Attachment B 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 quotation for the provision of providing biomedical equipment services as set forth herein for the Missouri Veterans Commission (hereinafter referred to as “department”), at the Missouri Veterans Home – Mount Vernon (hereinafter referred to as “Facility”).

a. For the purpose of this document, biomedical equipment services shall include the annual inspection, testing of equipment, calibration, and the maintenance and repair of equipment as needed.

b. The maintenance and repair of equipment shall be on an as needed if needed basis, with the Facility authorizing the maintenance and/or repair by approved quote and purchase order.

1.1.2 Minimum Experience Qualifications: There are minimum experience qualifications in the RFQ (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 The Missouri Veterans Commission is a state agency within the Department of Public Safety and has been serving Veterans for over 75 years. The Missouri Veterans Commission’s Headquarters is located in Jefferson City, Missouri and operates the Veterans Services Program, five State Veterans Cemeteries and seven State Veterans Homes. The Commission is committed to honoring and serving Missouri’s Veterans whose dedication and sacrifices have preserved our nation and its freedoms.

1.3 RFQ 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 RFQ, the evaluation, etc., to the procurement officer indicated on the first page of this RFQ. 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 RFQ: 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 RFQ, of any relevant or pertinent information related to the procurement. All questions and issues should be submitted no later than five (5) calendar days prior to the bid closing date and time of the bids. If not received prior to five (5) 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.

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

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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 RFQ amendment(s); absence of such response indicates that the questions and issues were considered but deemed unnecessary for a RFQ amendment. All vendors will be advised of any change to the RFQ’s language, specifications, or requirements by a formal amendment to the RFQ. There will be no posted written records of the questions/communications (i.e., formal question/answer document).

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

1.4 Amendments:

1.4.1 If the Department determines that changes to the RFQ are necessary, the resulting changes will be included in a subsequently issued RFQ 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 RFQ 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/Department means the statutory unit of state government in the State of Missouri for which the equipment, supplies, and/or services are being purchased. The department 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 RFQ to incorporate any informational data or requirements related to the performance requirements and/or specifications.

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

e. Code of State Regulation (CSR) contains the current administrative rules of executive agencies of

Missouri government. The regulations are arranged by department rather than by subject.

f. 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.

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

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

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

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

k. 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.

l. 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 RFQ. The pricing pages must be completed and submitted by the vendor with the response prior to the specified response closing date and time.

m. Bid Target Date and Time and similar expressions mean the deadline required by the RFQ for the receipt of bids.

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

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

p. Request For Quotation (RFQ) 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;

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Terms and Conditions (“terms and conditions” and “Terms and Conditions” are used interchangeably throughout the RFQ); General Contractual Requirements; and Vendor Submission, Evaluation, and Award Information Section; and the RFQ Vendor Response Exhibits, Attachments, and Amendments of the RFQ.

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 RFQ by submitting a bid with prices to provide the equipment, supplies, and/or services as required in the RFQ 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 RFQ.

****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 biomedical equipment services for the Missouri Veterans Commission in accordance with the provisions and requirements stated herein and to the sole satisfaction of the department for the following location:

a. Missouri Veterans Home – Mount Vernon 1600 S. Hickory Mount Vernon, MO 65712

b. The facilities contact person (hereinafter referred to as “Facility’s Representative”) shall be the Facility’s Maintenance/Grounds Supervisor, or other designated person in times of absence/availability of the Maintenance/Grounds Supervisor.

2.1.2 The contractor shall perform at a minimum, annual electrical safety inspection (ESI), functional testing, calibration, and inspection of the biomedical equipment for the Facility, as stated in Attachment A - Biomedical Equipment List, Missouri Veterans Home – Mount Vernon.

a. The contractor shall understand and agree that the list of equipment is current as of the day the RFQ posting. The equipment may be updated to address changes made to the equipment being utilized at the Facility, and the list of equipment is not considered all inclusive.

b. The Facility’s first inspection shall be completed as scheduled by the Facility Representative, but the Facility retains the right to change the annual inspection month to best suit the needs of the Facility.

2.1.3 Upon request of the Facility, with prior authorization and approval, the contractor shall perform preventive maintenance and repair of the biomedical equipment in accordance with the manufacturer’s specifications and recommendations, on an as needed, if needed basis.

2.1.4 Contract limit and expenses - The total amount of this contract shall not exceed $50,000 per contract period.

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

2.1.6 The contractor must perform all services in accordance with the National Fire Protection Association® (NFPA®) 2012 Edition Health Care Facilities Code, Code of Federal Regulations – 38 CFR 51.200(c), all other applicable State, and Federal codes.

2.1.7 The contractor shall perform services during regular Department business hours from 8:00 am to 4:00 pm Central Standard time, Monday through Friday except for observed holidays, or at a time mutually agreeable by both parties.

a. A list of State of Missouri observed Holidays are posted on the internet at:

http://oa.mo.gov/commissioners-office/state-holidays .

2.1.8 The contractor shall provide services on an as needed, if needed basis. The State of Missouri and/or the Department do not guarantee any usage of the contract whatsoever. The contractor shall understand and agree that the contract shall not be construed as an exclusive agreement, and if it is in the best interest of the State of Missouri and/or the Department, the Department may, at its own discretion, obtain alternate services elsewhere.

http://oa.mo.gov/commissioners-office/state-holidays

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2.1.9 Contractor’s Obligation: Unless otherwise specified herein, the contractor shall provide all labor, tools, equipment, parts, facilities materials, and supplies necessary for performing the services specified herein.

However, the Department reserves the right to furnish some facilities materials.

2.2 Minimum Experience Requirements:

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

2.2.2 The contractor shall have a minimum of two (2) years of direct experience, expertise, knowledge and training in providing biomedical equipment services with similar facilities, systems and equipment to include those included herein, with similar scope of work included in this RFQ.

2.2.3 The contractor shall hold all applicable licenses, certificate(s) and insurance.

2.3 Team/Personnel Qualifications and Requirements:

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

a. Leadership Team

1) Contract Manager – with at least two (2) years of direct experience with biomedical equipment services, to include electrical safety inspection (ESI), functional testing, calibrations and inspections of the biomedical equipment, and one (1) year of management experience supervising.

2) The contractor shall designate a Contract Manager who shall serve as the contractor’s contact person and shall be the liaison between the contractor and the Department.

3) The contractor’s Contact Manager 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 Department.

4) The contractor shall designate a Contract Manager by no later than five (5) business days after the authorization to proceed.

b. Working Team:

1) Technician – must be certified to perform bio medical equipment inspections.

2.3.2 The contractor must provide skilled experienced certified personnel directly employed or directly supervised by the contractor to perform the service pursuant to the contract.

2.3.3 The contractor shall be reasonably dressed and groomed while performing services at the Department.

2.3.4 The contractor shall wear an article of clothing identifying the contractor or a subcontractor and have a name identification tag visible at all times.

2.3.5 The contractor shall understand and agree that any of the contractor’s personnel performing services pursuant to the contract shall be subject to the approval of the Department.

2.3.6 The contractor shall understand and agree that the Department reserves the right to request any of the contractor’s personnel assigned to perform the services be removed without just cause. The contractor shall understand and agree that the Department will allow a reasonable time to find a replacement. The Department shall approve all replacement personnels.

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2.3.7 Background Checks: All contractor’s staff, subcontractors, vendors or miscellaneous personnel providing on-site service for the Department (from here forward referred to as “contractor’s personnel”) must undergo a criminal background check at the contractor’s expense prior to providing services. The contractor’s personnel shall not have been convicted or pled guilty or nolo contender in this state or any other state to any Class A or B felony violation of Chapters 565, 566, or 569 RSMo or any like violation of subsection 3 of Section 198.070 RSMo, or Section 568.020 RSMo. The contractor’s personnel must pass either a criminal record personal identifier (name-based) or a fingerprint based criminal background security clearance search report. If one or more of the before mentioned background checks identifies a contractor’s personnel has been found guilty of one or more of the preceding charges, the specified contractor’s personnel shall not be allowed at the state facility for which the project is being completed.

a. Background checks must be less than one (1) year old, and issued by the Missouri State Highway Patrol as identified in section 43.530, RSMo.

b. In the event there is a specific need for immediate or emergency service identified by the state agency and a background check would by itself hinder the progress, the state agency may at its discretion provide a one-for-one escort for each contractor’s personnel on site.

c. Information about obtaining the criminal background reports and obtaining the required forms may be obtained from the Missouri State Highway Patrol, Criminal Justice Information Services Division, or via the internet at the address shown below:

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

2.4 Annual Inspection Requirements:

2.4.1 The contractor must complete inspections in the appropriate month in which the inspection is due, (example: Annually - May) each calendar year, in order for the Facility to maintain inspection compliance in accordance with Missouri Veterans Commission policies, NFPA Codes, and 38 CFR 51.200.

a. The contractor shall respond to request for inspections within five (5) working days after notification from the Facility. Request can be made through an email request or a phone call request to the contractor.

b. Inspections should be scheduled and performed within one (1) month after the initial request for inspection, or at a date and time that is mutually agreeable by both parties.

2.4.2 The contractor shall provide annual biomedical inspection of the equipment at the Facility. The certified personnel shall clean, adjust, and calibration all tested equipment, to include at a minimum the following task:

a. Verify equipment identification (manufacture name, make, model, serial number).

b. Review maintenance history and previous findings, as applicable;

c. Check for manufacturer updates, recalls, or service bulletins;

d. Record inspection date, inspector name and results;

e. Exterior inspection of the equipment for damage or missing hardware;

f. Inspection of all external connectors, controls, switches, indicators, etc.;

g. Inspection of power cords, plugs and strain reliefs for wear or exposed wires;

h. Ensure fuses and covers are intact and properly sealed;

i. Confirm accessories and cables are present and compatible;

j. Perform electrical safety test;

k. Perform basic operational functions per manufacturer’s specs;

l. Test alarms, alarm limits fail safes, interlocks and emergency shut off functions;

m. Calibration and accuracy verification following manufacturer tolerances;

n. Cleaning and checking camera/video system (if applicable)

o. Check lubrication;

p. Cleaning of internal and external optical lenses, surfaces and components as needed, (if applicable);

q. Routine preventative maintenance and repairs, as requested and approved by the Facility.

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

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r. Update/upgrade software and hardware as requested and approved by the Facility.

s. Attach inspection sticker, document results and tag/remove any failed equipment from service.

2.4.3 Calibration – The contractor shall perform calibration using current verifiable calibrated test equipment to adjust the device to operate within manufactures specification to assure proper operation. Adjust equipment and its modules to a performance level as for the device when new.

2.4.4 Inspection Sticker(s) – The contractor shall complete and affix an inspection sticker after the inspection is complete and the device is evaluated to be in an operational, safe and effective status.

a. The contractor shall label all equipment serviced with the following information:

1) Equipment identifier number,

2) Personnel name/code identifier,

3) Date of service (month, day, year),

4) And next service date (month and year only)

b. All stickers/labels used shall be durable (lasting up to one (1) year) and easily readable.

2.4.5 In the event that equipment fails its Inspection, the contractor shall:

a. Document the failure in the service report as “Failed”;

b. Enter the findings in the results section of the service report with detailed information of the failure;

c. Attach a “Do Not Use” tag on the device; and

d. Inform the Facility’s Representative in regards to the issue(s).

2.5 Maintenance and Repair Requirements

2.5.1 The contractor shall only provide repair services at the request of and with prior written approval of the Department.

2.5.2 Annual Inspection Maintenance and Repair: During the annual inspections, when the contractor identifies a piece of equipment is in need of maintenance and/or repair, the contractor shall:

a. Submit a quote with the following:

1) Equipment identifier (e.g. identification number; room number, serial number)

2) Equipment description, manufacture name, make, and model;

3) Details of the maintenance or repair needed;

4) Quoted price for parts, and labor; and

5) Estimated time for maintenance and/or repair.

b. Provide the quote to the Facility’s representative, the Facility’s Maintenance/Grounds Supervisor or designee.

c. Upon approval by the Facility, the contractor shall accept a purchase order as authorization to complete the maintenance or repair of the equipment.

2.5.3 Upon Request Maintenance and Repair: It is preferred that the contractor be able to provide maintenance and repair services on-site at any time outside the annual inspection dates as requested by the Facility. If the contractor indicates they are able to provide upon request maintenance and repair services, the following requirements shall apply:

a. The contractor shall respond to requests for maintenance and repair via phone call or email within one

(1) business day.

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b. The contractor shall schedule on-site evaluation of the biomedical equipment within five (5) business days of the initial request.

c. The contractor shall submit a quote with the following:

1) Equipment identifier (e.g. identification number; room number, serial number)

2) Equipment description, manufacture name, make, and model;

3) Details of the maintenance or repair needed;

4) Quoted price for parts, and labor; and

5) Estimated time for maintenance and/or repair.

d. Provide the quote to the Facility’s representative, the Facility’s Maintenance/Grounds Supervisor or designee.

e. Upon approval by the Facility, the contractor shall accept a purchase order as authorization to complete the maintenance or repair of the equipment.

2.5.4 All repairs, maintenance and testing shall be performed in accordance with the applicable manufacturer’s recommendations and in accordance with industry standards.

2.5.5 The contractor shall understand and agree that the Department shall have the right to approve or reject a guaranteed not-to-exceed total price and obtain the necessary repair services from another party as deemed to be in the best interest of the State of Missouri and/or Department

2.6 Inspection Report Requirements:

2.6.1 The contractor shall supply the Inspection Report to the Facility’s Representative within five (5) business days after the complete inspection. The contractor shall provide the report electronically, and as requested by the Facility’s Representative a hard copy report.

2.6.2 The inspection report shall include at a minimum the following information:

a. Contractor Name;

b. Facility name and address;

c. Name of inspecting technician;

d. Date(s) of inspection;

e. Equipment identification number;

f. Equipment manufacturer;

g. Equipment make/model;

h. Equipment serial number;

i. Equipment location (area or room number);

j. ESI / Function test results

k. Pass or Fail indicator;

l. Detailed findings indicating any failure details, problem areas or areas of concern and recommendations for repairs, maintenance and/or replacement, if applicable;

m. Signature of Facility’s Representative.

2.7 Site and Safety Requirements:

2.7.1 The contractor must exercise precaution at all times to ensure the protection of persons and property.

a. The contractor shall ensure additional care is provided to safeguard Veterans in the dementia wing of the Facility from hazards at all times.

2.7.2 The contractor shall arrange with the Facility’s Representative to establish procedures for the controlled entry of personnel, equipment and materials into the Facility.

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2.7.3 Upon arrival to the Facility, the contractor shall sign-in at the facility’s maintenance department or receptionist area and shall sign-out upon each departure from the Facility’s grounds for any reason (e.g.

completion of services, obtaining parts, breaks or lunch).

2.7.4 The contractor shall agree and understand that the Department may at times have special health precautions in order to protect the Veterans, Department staff and contractors that enter the building. During these times, the contractor shall agree to the following health precautions. When in effect these precautions must be completed prior to entering the building and may include but not limited to: a) health and contact screening, b) wearing and usage of personal protective equipment (PPE), and c) virus testing.

2.7.5 The contractor shall take all necessary precautions to guard against and eliminate possible fire hazards.

2.8 Performance/Product Requirements:

2.8.1 Estimated Quantities: The quantities indicated in this RFQ 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.

2.9 State’s Obligations:

2.9.1 The Department will provide adequate space to perform the services required herein.

2.9.2 The Department will provide staff to locate the biomedical equipment.

2.9.3 The Department reserves the right to perform any identified repairs, and/or maintenance on the equipment.

2.10 State Data:

2.10.1 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 ten 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 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 department. During the post contract period delivery and access to these items shall be at no cost to the department.

2.10.2 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

DPS MO VET COMM 0000000024SL Page 13 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.

2.11 Electronic Funds Transfer, Invoicing, and Payment Requirements:

2.11.1 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.

2.11.2 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 department.

a. The contractor shall invoice the department 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:

Electronic (email): APMVHMtVeronon@mvc.dps.mo.gov (preferred)

Or

Postal Mail: Missouri Veterans Home

1600 S. Hickory Mount Vernon, MO 65712

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 RFQ.

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.

2.11.3 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.

mailto:APMVHMtVeronon@mvc.dps.mo.gov

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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.

2.11.4 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.

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.

2.11.5 If the department denies a request by the contractor for payment the department will provide the contractor with written notice of the reason(s) for denial.

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

2.11.7 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 the 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 Attachment are contained in Attachment B.

3.6 Business Registration:

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

DPS MO VET COMM 0000000024SL Page 16 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 Elected or Appointed Officials and Employees:

3.7.1 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.

3.8 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 RFQ 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 Federal Funds Requirements:

3.10.1 The contractor shall understand and agree that the contract may involve the use of federal funds. The contractor shall comply with applicable Federal Funds Requirements, as amended by the federal government.

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, 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.

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3.13 Work Outside the United States:

3.13.1 Unless work outside the United States is prohibited by the RFQ, 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 Protests:

3.15.1 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.

3.16 Record Access:

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

3.17 State Preferences:

3.17.1 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;

and

3.18 Taxes:

3.18.1 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 RFQ (including all Exhibits and Attachments included in the RFQ) as amended by: RFQ amendment(s) issued prior to bid closing, and contract amendment(s);

b. the most current version of the contractor’s response, state-requested clarification responses, and contract amendment responses; and

c. 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 RFQ 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”).

4.1.7 The department will sign or “click-through” and accept agreements if required by the contractor in order to receive services; however, all provisions of such agreements that conflict with the contract shall have no force or effect.

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 RFQ.

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 right, 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:

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

4.4.2 Renewal Pricing: If the option for renewal is exercised by the department, the contractor shall agree that the prices for the renewal period shall not exceed the prices for the applicable renewal period stated on the Exhibit C, Pricing Pages.

a. If renewal prices are not provided with the accepted response, then prices during the renewal period shall be the same as the original contract period pricing.

b. In addition, the contractor shall understand and agree that any renewal period increases specified in the contract are not automatic. At the time of contract renewal, if the state determines funding does not permit the specified renewal pricing increase or even a portion thereof, the renewal pricing shall remain the same as during the previous contract period. If such action is rejected by the contractor, the contract may be terminated, and a new procurement process may be conducted.