FMDC27-0005 - RFQ.pdf

FMDC27-0005 Page 1

State of Missouri

OFFICE OF ADMINISTRATION - DIVISION OF FACILITIES

MANAGEMENT, DESIGN AND CONSTRUCTION (FMDC)

Request for Quotation (RFQ) for Cash Dispensing Automatic Teller Machine Services – Jefferson City

REQUEST FOR QUOTATION NUMBER: FMDC27-0005

DEPARTMENT NAME: Office of Administration ISSUE DATE: November 9th, 2026 CONTRACT PERIOD: Effective Date of Award Through One Year

TARGET DATE/TIME: DECEMBER 3rd, 2026, AT 2:00 PM CENTRAL TIME Please only use one of the submission methods below to avoid duplication. Mailing Instructions: Print or type RFQ Number and Return Date on the lower left had corner of the envelope or package.

RETURN BID TO: Office of Administration

Division of Facilities Management, Design and Construction 301 West High Street, Room 730 P.O. Box 809, Jefferson City, MO 65102

OR EMAIL TO: OA.FMDCContractsUnit@oa.mo.gov

OR ELECTRONICALLY: https://missouribuys.mo.gov

RFQ CONTACT INFORMATION:

PROCUREMENT ANALYST: Taylor Kiser

PHONE #: (573) 418-9826

EMAIL: Taylor.Kiser@oa.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:

Jefferson City - Various Locations

Division of Facilities Management, Design and Construction Attn: Accounting mailto:OA.FMDCContractsUnit@oa.mo.gov https://missouribuys.mo.gov/ mailto:Taylor.Kiser@oa.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.

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 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

FMDC27-0005 Page 3

1. INTRODUCTION AND BACKGROUND INFORMATION SECTION

1.1 Introduction:

1.1.1 Purpose: This document constitutes a request for quotation for the provision of cash-dispensing

Automatic Teller Machine (ATM) services as set forth herein for the Division of Facilities Management, Design, & Construction (hereinafter referred to as “department” or “state agency”).

1.1.2 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 table below shows the number of transactions for fiscal year 2026. The table provided is for informational purposes only and in no way represents intended or future usage.

Location Number of Transactions

Jefferson Building 1,445 Lewis & Clark Building 940 Harry S. Truman Building 14,555

State Capitol Building 1,922

1.3 Current and/or Previous Contract Information:

1.3.1 A current contract exists for the products/services being obtained via this RFQ with Central Trust Bank.

The contract number is: FMDC23-0011

1.3.2 A copy of the contract can be viewed and printed from the department’s website located on the Internet at https://missouribuys.mo.gov/. Please reference the contract number when searching for these documents.

1.4 RFQ Questions:

1.4.1 The Procurement Analyst is the 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 Analyst indicated on the first page of this RFQ. It is preferred that questions be emailed to the Procurement Analyst.

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.

1.4.2 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.

1.4.3 Vendor Question Deadline: Every attempt must 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 http://www.sos.mo.gov/adrules/csr/csr.asp

FMDC27-0005 Page 4 will be advised, via the issuance of an addendum 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 end date and time of the bids. If not received prior to five (5) calendar days before the bid end date and time, the department may not be able to fully research and consider the respective questions or issues.

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

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

1.5 Amendments:

1.5.1 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.

1.6 Glossary of Terms and Acronyms:

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

1.6.2 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 Analyst 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.

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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; 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.

1.7 Accuracy of Background Information:

1.7.1 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 for the provision of cash-dispensing Automatic Teller Machines (ATMs) for the Division of Facilities Management, Design and Construction (hereinafter referred to as the department), in accordance with the provisions and requirements stated herein and to the sole satisfaction of the department in the following locations:

a. In the main lobby area of the Jefferson State Office Building;

b. In the main lobby area of the Lewis & Clark Office Building;

c. On the fourth (4th) floor of the Harry S. Truman State Office Building; and

d. On the basement level of the State Capitol Building.

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.

2.2 Minimum Experience Requirements:

2.2.1 The contractor must have a minimum of two (2) consecutive years of successful experience providing cash-dispensing ATM services at multiple locations for a government agency or organization of similar scale and complexity to the locations identified in Section 2.1.1.

2.3 Performance Requirements:

2.3.1 Personnel:

a. The state agency will identify a state agency liaison to serve as the state agency contact and will provide the telephone number and email address of the assigned liaison to the contractor. The contractor shall report to and follow the state agency liaison’s instructions.

b. 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) working days after notification by the state agency to proceed with services, the contractor shall provide the state agency with the name, address, email address, and telephone number of the contractor’s contact person. The contractor’s contact person shall (1) oversee all services being provided, (2) assume responsibility and liability for services performed per the contract, and (3) serve as the primary point of contact with the state agency.

2.3.2 The contractor must maintain membership in, or have established processing access through, one or more recognized national or regional ATM networks, including but not limited to Cirrus, PLUS, Bankmate, STAR, PULSE, and other comparable networks, to allow cardholders to access accounts held at financial institutions other than the contractor's.

2.3.3 The contractor shall own and maintain the ATMs. The contractor shall bear complete responsibility for equipment damage and loss including the shipping costs for returning damaged equipment. The contractor shall replace equipment with similar or better equipment in the event such loss or damage disables operation of the ATMs.

2.3.4 The contractor shall bear all costs for installing, servicing/repairing, and maintain the ATMs. In addition, the contractor shall bear responsibility and associated costs for installing and maintaining any surveillance

FMDC27-0005 Page 7 and security equipment necessary to protect the ATMs and ATM transactions with the following exceptions:

a. The state agency will install all electrical branch circuitry and provide electricity. Additionally, the state agency will install data and telecommunications cable branch circuitry. The contractor shall provide all receptacles associated with installation of the ATMs.

b. The state agency will not provide cabinetry or other support-type hardware (e.g. closets for cameras), other than existing physical structures.

c. The Capitol Police, which maintains twenty-four (24) hour security coverage in the state agency facilities, will provide surveillance support and security standards customary to existing police responsibilities.

2.3.5 Upon expiration, termination, or cancellation of the contract, the contractor shall bear all costs for removing the contractor’s ATMs and security equipment. The contractor must return the premises to the original condition excepting reasonable wear and tear.

2.3.6 The contractor shall release and forever discharge the State of Missouri from any and all losses caused by the contractor by way of damage to the contractor’s ATMs and related to equipment. The contractor shall further agree and hold the State of Missouri harmless from any claims of loss or damage by any person using the ATMs.

2.3.7 The contractor’s ATMs shall be operable twenty-four (24) hours per day and shall not be down for maintenance or repair in excess of ten percent (10%) of the ATM’s operational time.

2.3.8 The contractor, at the contractor’s expense, may display signs around the ATMs with prior approval of the state agency, and otherwise advertise the placement of the ATMs at each facility. No such advertisement shall imply or otherwise construe the State of Missouri’s endorsement of the contractor’s institution.

2.3.9 The contractor shall agree and understand that the contract shall not be construed as an exclusive arrangement and that other contracts may exist for the same services at different locations.

2.3.10 The contractor shall not impose a user surcharge on any transaction performed at the ATMs, regardless of the contractor or such individual’s financial institution.

2.3.11 The contractor shall understand and agree that the State of Missouri makes no guarantee of a minimum number of ATM transaction per month.

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

2.4 General Personnel Requirements:

2.4.1 The state agency reserves the right to approve or disapprove appointment of any of the contractor’s personnel to provide services required by the contract. The state agency also reserves the right to request replacement of any person assigned to provide services. Unless the situation regarding the contractor’s assigned personnel requires immediate replacement, the contractor must be allowed at least fourteen (14) calendar days after notification to replace unsatisfactory personnel.

2.4.2 The contractor must supervise all the contractor’s personnel and the services provided by the contractor’s personnel as required to satisfactorily perform the requirements of the contract.

2.4.3 If requested by the state agency, the contractor must accompany the state agency in a walk-through of the facility(s) requiring service to meet the following objectives:

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a. Receive specific instructions and directions regarding the required services and the state agency’s expectations.

b. To address substandard, deficient, or incomplete services being provided by the contractor.

2.4.4 The contractor’s personnel must only be allowed in work areas to which they are assigned. The contractor’s personnel must only take rest breaks in pre-assigned areas.

2.4.5 The contractor’s employees must be neat and clean in appearance and shall not negatively impact others due to body or other odors or the excessive use of fragrances while on-site.

2.4.6 The contractor’s employees must wear a clearly visible identification badge.

a. It is the contractor’s responsibility to obtain such identification and maintain the badge in good repair.

b. The badge must have the person’s name, photograph, and the contractor’s company name on the face of the badge.

c. The badge must be displayed in an easily discernible manner on the front of the shirt or smock at all times while the contractor’s personnel are on the state agency premises.

d. The contractor’s personnel will not be allowed to work in the state agency building(s) without a picture identification badge.

e. The contractor must submit a clear photocopy of all personnel badges to the state agency prior to the personnel reporting to the building(s) for the first time.

f. The contractor must work with and maintain a positive working relationship with the state agency’s staff, the tenants of the building, and the public.

2.5 Security Requirements:

2.5.1 Security Clearance: The contractor and its employees shall comply with the process for background checks and contractor ID badges found on FMDC’s website at: https://oa.mo.gov/facilities/facilities-operations/security-information/fmdc-contractor-background-and-id-badge. At least forty-five (45) days prior to each individual employee providing services under this contract, the contractor must require the contractor’s employee to submit to a fingerprint-based background check/criminal records screening (“background check”) through the Missouri State Highway Patrol.

a. Effective June 1, 2026, FMDC requires all forms to be submitted via the online application system and will no longer accept any other submission format for these required forms. The contractor shall submit a signed Missouri Applicant Fingerprint Privacy Notice, Authorization for Release of Information Confidentiality Oath, State Identification Badge Agreement, and a forward-facing photo with no headwear or face coverings and a solid neutral background for each contractor employee at least forty-five (45) days prior to the expected project start date to initiate the background check process via FMDC’s website at: https://oa.mo.gov/facilities/facilities-operations/security-information/fmdc-contractor-background-and-id-badge.

b. All employees of the contractor approved by FMDC to work at a State facility must obtain a contractor ID badge from FMDC prior to beginning work on-site.

c. The contractor should contact the Office of Administration, Division of Facilities Management, Design and Construction at FMDCContractorScreenings@oa.mo.gov with any questions.

2.5.2 The contractor shall be responsible for all cost associated with background checks of its employees.

https://oa.mo.gov/facilities/facilities-operations/security-information/fmdc-contractor-background-and-id-badge https://oa.mo.gov/facilities/facilities-operations/security-information/fmdc-contractor-background-and-id-badge https://oa.mo.gov/facilities/facilities-operations/security-information/fmdc-contractor-background-and-id-badge https://oa.mo.gov/facilities/facilities-operations/security-information/fmdc-contractor-background-and-id-badge mailto:FMDCContractorScreenings@oa.mo.gov

FMDC27-0005 Page 9

2.5.3 The contractor shall notify its employees, that the Office of Administration, Division of Facilities

Management, Design and Construction participates in the Missouri Rap Back and National Rap Back programs pursuant to section 43.540, RSMo; as such, Missouri State Highway Patrol, Central Records Repository, and the Federal Bureau of Investigation will retain the fingerprints submitted by each of the contractor’s employees, and those fingerprints will be searched again against other fingerprints on file, including latent fingerprints. While retained, the contractor’s employee’s fingerprints may continue to be compared against other fingerprints submitted or retained by the Federal Bureau of Investigation, including latent fingerprints.

2.5.4 The contractor shall notify its employees, that the Missouri Highway Patrol will provide the results of the employee’s background check directly to the Office of Administration, Division of Facilities Management, Design and Construction. The Office of Administration, Division of Facilities Management, Design and Construction will not release the results of a background check to the contractor nor provide the contractor any information obtained from a background check, either verbally or in writing.

2.5.5 After the results of the fingerprint-based background checks become available, the Office of

Administration, Division of Facilities Management, Design and Construction, must conduct an individualized assessment of each contractor’s employee’s results, considering the nature of the position, including the access the contractor’s employee would have, the seriousness of the offense, and how long ago the offense was committed. Available information about the contractor’s employee’s behavior, including conduct underlying any arrest or any other behavior that might tend to bring the contractor’s employee into a public disrepute or ridicule, or which may embarrass, offend, insult, or denigrate individuals or groups, or that may shock, insult, or offend the community, disrupt the workplace, or prejudice the reputation or image of the state, may be considered. The contractor will be notified of the security clearance approval or denial.

2.5.6 The contractor must understand and agree that the security clearance for each of its employees is valid for the duration of the contract, so long as the contractor’s personnel are continually employed by the contractor. In the event the employee leaves the employment of the contractor, then is re-employed by the contractor at a later date, the employee must submit to a new security clearance. In the event the contractor hires personnel who had previously been employed by a different company, the employee must submit to a new security clearance.

2.5.7 The contractor shall require its employees to report all arrests or convictions to the contractor immediately, and the contractor shall notify the state agency at FMDCContractorScreenings@oa.mo.gov within five (5) calendar days of the arrest or conviction.

2.5.8 In addition to the background check requirements set forth above, the contractor must receive approval from the Department of Corrections, Division of Probation and Parole and/or the Department of Public Safety, Division of Alcohol and Tobacco Control for each of its employees that perform services in an area occupied by the Division of Probation and Parole and/or Division of Alcohol and Tobacco Control.

2.5.9 The state agency must have the right to deny access to the building(s) and/or to request replacement of any of the contractor’s employees for any reason, including criminal and non-criminal conduct as set forth.

2.5.10 If the state agency determines, in its discretion, that any contractor’s employee should be denied access immediately, the state agency must notify the contractor, and the contractor must immediately take all appropriate steps to stop the employee from accessing the building. The contractor shall replace the rejected employee within fourteen (14) business days of the notification.

2.5.11 Identification Badges: The contractor and its employees must obtain a Contractor Identification Badge from the appropriate Office of Administration, Division of Facilities Management, Design and

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Construction regional office. The contractor’s employees must wear the Contractor Identification Badge at all times while working at each building.

a. The contractor will be notified by email when the identification badge is ready. All state agency contractor employees statewide are required to pick up their own badge. It will no longer be allowed for a contractor, company supervisor, or co-worker to pick up badges for another individual. The contractor’s employee must show their driver’s license or government-issued photo identification when picking up their badge, in addition to signing the badge out with the state agency.

b. Contractor’s employees more than 40 miles away from the processing badge office location may have their own respective badge mailed out directly to their personal address via certified mail. The respective badge office is not to mail the badges to the contractor’s business address. A signature is required upon delivery. the state agency will only mail the badge one time If the badge is returned due to no signature, the contractor’s employee must pick up the badge from the processing badge office.

c. In the event the contractor or its employees assigned to perform services requires a replacement of a state agency issued Contractor Identification Badge due to loss, damage, or name change, the contractor or its employee must notify FMDCContractorScreenings@oa.mo.gov within one (1) working day from the date the need is discovered.

2.6 Reporting Requirements:

2.6.1 Monthly Statements: The contractor shall submit monthly statements itemizing the total number of transactions conducted at each ATM location to the following address:

Office of Administration, Attn: Accounting 301 West High Street, Room 730

P.O. Box 809 Jefferson City, MO 65102

2.7 Electronic Funds Transfer, Invoicing, and Payment Requirements:

2.7.1 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 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.

2.7.2 Invoicing: The contractor shall submit an itemized invoice for all products and/or services provided, as well as the specific purchase order (P.O.) number. Products must be received before payment can be made. The contractor must perform the services/the products must be received prior to invoicing to the department.

a. The contractor must invoice the department on the contractor’s original descriptive business invoice form and submit the invoice to the following address or email to:

E-mail to: FMDCAccountsPayable@oa.mo.gov mailto:FMDCAccountsPayable@oa.mo.gov

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Postal Mail to:

Office of Administration, Attn: Accounting 301 West High Street, Room 730

P.O. Box 809 Jefferson City, MO 65102

b. The invoice must identify the location(s) serviced, the applicable firm, fixed price as stated on the

Pricing Page for each service provided, the contract number, and the dates of service.

c. 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.

d. 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 SFS.

e. 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.

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

2.7.3 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.

d. The contractor may obtain detailed information for payments issued for the past 24 months from the

State of Missouri’s central accounting system (SAM II) on the Vendor Services Portal at https://www.vendorservices.mo.gov/vendorservices/Portal/Default.aspx.

2.7.4 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 https://www.vendorservices.mo.gov/vendorservices/Portal/Default.aspx

FMDC27-0005 Page 12 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.

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

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

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

2.7.8 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 Registration:

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

3.6 Data Breach:

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

FMDC27-0005 Page 14 contractor concerning the breach and the state’s data stored in the software and services being provided as a result of the contract.

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 Invoicing and Payment:

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

3.11 Non-Appropriation of Funds:

3.11.1 The contractor understands and agrees that funds required to fund the contract must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the contract period.

The contract shall not be binding upon the state for any period in which funds have not been appropriated, have been withheld, or have been restricted, and the state shall not be liable for any costs associated with termination caused by lack of appropriations or authority to spend. This includes, but is not limited to, the provisions of the Mo. Const. Article IV, sections 23, 27, 28 and in sections 33.030 and 33.065, RSMo and 1 CSR 10-3.010 (1)(B).

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

3.12 Work Outside the United States:

3.12.1 Unless work outside the United States is prohibited by the RFQ, any work performed outside of the

United States for the contract must comply with Executive Order 04-09.

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3.13 Open Records:

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

3.14 Protests:

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

3.15 Record Access:

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

3.16 State Preferences:

3.16.1 If the contractor’s awarded bid 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 34.069 RSMo for Honorably Discharged Veteran Enterprises; and

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

3.17 Taxes:

3.17.1 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 products and/or 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 products and/or 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 three

(3) 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, 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. The contractor shall also understand and agree the state may determine funding limitations necessitate a decrease in the contractor’s pricing for the renewal period(s). If such action is necessary and the contractor rejects the decrease, the contract may be terminated, and a new procurement process may be conducted.

4.5 Termination for Convenience:

4.5.1 The department reserves the right to terminate the contract at any time, for the convenience of the State of

Missouri, without penalty or recourse, by giving written notice to the contractor at least thirty (30) calendar days prior to the effective date of such termination. The contractor shall be entitled to receive compensation for services and supplies delivered to and accepted by the State of Missouri pursuant to the contract prior to the effective date of termination.

4.5.2 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 or where the funds are withheld by the governor, and the state shall not be liable for any costs associated with termination caused by lack of appropriations or due to the governor’s withholding.

4.6 Cancellation for Breach of Contract:

4.6.1 In the event of material breach of the contractual obligations by the contractor, the department may cancel the contract. At its sole discretion, the department may give the contractor an opportunity to cure the breach or to explain how the breach will be cured. As specified by the department, the actual cure must be completed within no more than ten (10) state business days from notification, or at a minimum the contractor must provide the department within ten (10) state business days from notification a written plan detailing how the contractor intends to cure the breach.

4.6.2 If the contractor fails to cure the breach or if circumstances demand immediate action, the department will issue a notice of cancellation terminating the contract immediately. If it is determined the department improperly cancelled the contract, such cancellation shall be deemed a termination for convenience in accordance with the contract.

4.6.3 If the department cancels the contract for breach, the department reserves the right to obtain the equipment, supplies, and/or services to be provided pursuant to the contract from other sources and upon such terms and in such manner as the department deems appropriate and charge the contractor for any additional costs incurred thereby.

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4.6.4 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, and the state shall not be liable for any costs associated with termination caused by lack of appropriations.

4.7 Contract Assignment:

4.7.1 Any contract assignment, except as noted below, shall require prior written consent by the state, which shall not be unreasonably withheld. However, the contractor may assign the contract without the state’s prior consent in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, contingent upon the assignee agreeing to be bound by all of the terms of the contract with the State of Missouri and all past due fees are paid in full. The contractor must notify the department of all contract assignments, which shall be addressed in a contract amendment. Any other means of assignment shall be void and of no effect.