IFB 0000000001SL - 2026 IFB for Domestic Visitor Profile Database Project.pdf

STATE OF MISSOURI

DED/DIVISION OF TOURISM

INVITATION FOR BID (IFB)

BUYER: Kara Kleindienst

PHONE NO.: (573) 526-1920

E-MAIL: kara.kleindienst@ded.mo.gov

IFB NO: 0000000001SL

TITLE: Domestic Visitor Data Survey/Database Research Services

ISSUE DATE: May 14, 2026

RETURN BID NO LATER THAN: June 4, 2026 AT 2:00 PM CENTRAL TIME

Response should be submitted electronically through MissouriBUYS, powered by MOVERS, at https://missouribuys.mo.gov. No other bid type will be accepted.

CONTRACT PERIOD: 07/01/2026 – 06/30/2027

DELIVER SUPPLIES/SERVICES FOB (Free On Board) DESTINATION TO THE FOLLOWING ADDRESS:

Missouri Division of Tourism

301 West High Street Suite 290

Jefferson City, MO 65101

The vendor hereby declares understanding, agreement and certification of compliance to provide the items and/or services, at the prices quoted, in accordance with all requirements and specifications contained herein and the Terms and Conditions Invitation for Bid (Revised 06/27/19). The vendor further agrees that the language of this IFB shall govern in the event of a conflict with his/her bid. The vendor further agrees that when a Notice of Award is signed and issued by an authorized official of the State of Missouri, a binding contract shall exist between the vendor and the State of Missouri https://missouribuys.mo.gov/

SIGNATURE REQUIRED

VENDOR NAME

MissouriBUYS SYSTEM ID (SEE VENDOR PROFILE - MAIN

INFORMATION SCREEN)

MAILING ADDRESS

CITY, STATE, ZIP CODE

CONTACT PERSON

EMAIL ADDRESS

PHONE NUMBER

FAX NUMBER

VENDOR TAX FILING TYPE WITH IRS (CHECK ONE)

___ Corporation ___ Individual ___ State/Local Government ___ Partnership ___ Sole Proprietor ___IRS Tax-Exempt

AUTHORIZED SIGNATURE

DATE

PRINTED NAME

TITLE

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SOLICITATION ORGANIZATION

This document is divided into the following parts:

Part One: Introduction and General Information Part Two: Scope of Work Part Three: Contractual Requirements Part Four: Bid Submission Information and Requirements Exhibit A Pricing Page Exhibit B Proposed Methodology, Approach, and Work Plan Exhibit C Leadership Team Qualifications Exhibit D Project Team Qualifications Exhibit E Expert Advisor & Additional Analytic Team Qualifications Exhibit F Past Performance Exhibit G Participation Commitment Exhibit H Documentation of Intent to Participate Exhibit I Business Entity Certification, Enrollment Documentation, and Affidavit of Work

Authorization and Documentation (E-Verify) Exhibit J Anti-Discrimination against Israel Act Certification Exhibit K Miscellaneous Information

Attachment 1 Evaluation Criteria for Technical Proposal

Terms and Conditions

Attachment: The vendor is also advised that the attachment to this document, referenced above, provides additional requirements, information, and/or instruction.

NOTICE: If the vendor provides any “personal information” as defined in §105.1500, RSMo concerning an entity exempt from federal income tax under Section 501(c) of the Internal Revenue Code of 1986, as amended, the vendor understands and agrees that it is voluntarily choosing to seek a state contract and providing such information for that purpose. The state will treat such personal information in accord with §105.1500, RSMo.

END OF SOLICITATION ORGANIZATION

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1. INTRODUCTION AND GENERAL INFORMATION

This section of the IFB includes a brief introduction and background information about the intended acquisitions and/or services for which the requirements herein are written.

1.1.1 Purpose:

1.1.2 This document constitutes an invitation for competitive, sealed bids from vendors for the provision of marketing research services for the Division of Tourism (referred to hereinafter as the Division) in accordance with the requirements and provisions stated herein.

1.2 Questions Regarding the IFB:

1.2.1 It is the vendor’s responsibility to ask questions, request changes or clarifications, or otherwise advise the Division 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 bid.

a. The vendor and the vendor’s agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the IFB, the solicitation process, the evaluation, etc., to the buyer of record indicated on the first page of this IFB. Inappropriate contacts to other personnel are grounds for suspension and/or exclusion from specific procurements. Vendors and their agents who have questions regarding this matter should contact the buyer.

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

NOTE: The only official position of the State of Missouri shall be that which is contained in the IFB and any addendums thereto.

1.3 BACKGROUND AND HISTORICAL USAGE INFORMATION:

1.3.1 Recognizing the role of tourism in creating a strong economy for Missouri, in 1967 the 74th General Assembly created the Missouri Tourism Commission (Commission). The Division of Tourism (Division) is the administrative arm of the Commission.

a. The Division is responsible for promoting Missouri as a premier destination for tourists from throughout the United States and from around the world. The Division is dedicated to wise

IFB # 0000000001SL Page 4 and strategic investments in travel promotion based upon an extensive marketing research program.

b. The Commission consists of ten (10) members:

1) The Lieutenant Governor;

2) Two members of the Senate of different political parties, appointed by the President

Pro Tem of the Senate;

3) Two members of the House of Representative of different political parties, appointed by the Speaker of the House; and

4) Five other persons appointed by the Governor who may include, but are not limited to, persons engaged in tourist-oriented operations. No more than three of the Governor’s appointees shall be the same political party.

c. The Chairman of the Commission and the Director of the Division of Tourism report to each regular session of the General Assembly, recommending legislation in the field of tourism promotion and related subjects in Missouri.

d. Specific activities of the Division include:

1) Creating advertising programs to generate a distinctive image for the State and attract greater numbers of visitors who stay in Missouri for longer periods of time.

2) Providing relevant and timely information about Missouri to consumers and groups expressing interest in visiting Missouri.

3) Developing a public relations program and using social media to encourage favorable news coverage for Missouri tourism destinations.

4) Operating five tourist information centers, also referred to as welcome centers, at key entry points to the State. Centers are located in Joplin, Rockport, Eagleville, Hayti, and Conway.

5) Maintaining close working relationships with regional and national tourism organizations such as the U.S. Travel Association, Brand USA, Travel South, Southeast Tourism Society, Travel and Tourism Research Association (TTRA), National Tour Association (NTA), and American Bus Association (ABA).

6) Working closely with tourism-related constituencies within the State, including Destination Marketing Organizations (DMOs), and groups including Missouri Travel Alliance (MTA) and the Missouri Association of Convention and Visitors Bureaus (MACVB), to develop cooperative marketing partnerships.

1.3.2 Because of all advertising, public relations, social media, and promotional efforts, the Division has a need for research services to assess the impact of the Division’s marketing efforts on the state. Additionally, further visitor profiling, segmentation, and advertising concept research often is necessary to effectively market tourism in the State.

1.3.3 Additional information about the Division and about tourism in the State can be obtained from the Division’s website (https://www.visitmo.com/).

https://www.visitmo.com/

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a. More information about the Division can be found on the following website:

https://industry.visitmo.com .

b. The Division’s Annual Reports can be found also by going to the industry section of the website at https://industry.visitmo.com/research .

1.3.4 Two additional reports are suggested reading for background information on the tourism industry in Missouri. These reports are available upon request by emailing Lorinda.cruikshank@ded.mo.gov.

a. FY 2025 Tourism Economic Impact Analysis Report

b. CY 2024 Visitor Profile Report

1.3.5 A current contract exists for the services being obtained via this IFB. A copy of the contract can be obtained by emailing Lorinda.cruikshank@ded.mo.gov.

a. State Expenditures – The Missouri Accountability Portal (MAP) at:

https://mapyourtaxes.mo.gov/MAP/Expenditures/ provides financial data related to the purchase of the services under the contract. Be sure to read the information provided in the links to “Site Information” and “Disclaimer”.

1.3.6 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 Invitation for Bid.

END OF PART ONE: INTRODUCTION AND GENERAL INFORMATION

https://industry.visitmo.com/about-the-division https://industry.visitmo.com/research mailto:Lorinda.cruikshank@ded.mo.gov https://mapyourtaxes.mo.gov/MAP/Expenditures/ http://mapyourtaxes.mo.gov/MAP/Expenditures/ http://mapyourtaxes.mo.gov/MAP/Expenditures/

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2. SCOPE OF WORK

This section of the IFB includes requirements and provisions that shall govern the contract after the IFB award. The contents of this section include mandatory requirements that must be adhered to by the state and the contractor, unless changed by a contract amendment.

2.1 General Requirements:

2.1.1 The contractor shall provide Domestic Visitor Data Collection Survey and Database Project research data services (hereinafter referred to as the research study) for the Missouri Division of Tourism (hereinafter referred to as the Division), in accordance with the provisions and requirements stated herein and to the sole satisfaction of the Division.

2.1.2 The contractor shall understand that the research study constitutes a potential and estimated research need over the next three years. Therefore, the contractor shall further agree and understand that the research study shall be required by the Division and shall be dependent upon the Division’s research needs as well as funding availability. The research study may not be conducted at all OR may be required to be conducted for one year, two years, three years, annually or for other time periods.

a. Before implementing any research study, the contractor must obtain prior written authorization (e.g. fax, email, hard copy) from the Division.

2.1.3 In addition, the contractor shall provide additional research study services as requested by the

State Division, as specified hereinafter.

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

2.2 Study and Report Requirements and Information:

2.2.1 Determination of Need and Meeting Requirements - The contractor shall agree and understand that each year the Division shall determine if the research study shall be required.

2.2.2 The contractor shall schedule and meet with the Division. This meeting shall be conducted via the method (in person or virtual) designated by the Division.

a. The meeting with the Division shall include Division staff and staff from the Division’s

IFB # 0000000001SL Page 7 advertising agency of record, at the Division’s direction, to discuss the requirements of the research study and to provide the contractor information regarding the required services.

b. The contractor’s potential survey participants must be screened prior to conducting the survey to include only those individuals who:

1) Have taken a leisure trip that was overnight and/or consisted of traveling 50 miles or more beyond the participants’ domicile within the past 12 months;

2) Are 18 years or older; and

3) Are one of the principal travel planners in their respective household

c. The purpose of the meeting will be to discuss the study plan in detail and for the contractor to obtain any specific information and data necessary for the provision of services required.

d. The timing and due dates for each required report and deliverable shall be negotiated between the contractor and the Division at the time of the initial meeting.

2.2.3 Research Plan - As a result of the meeting described above, and by no later than thirty (30) calendar days following such meeting or by any other date specified by the Division, the contractor shall prepare and submit to the Division for review and approval, a written research plan.

a. The written research plan must define specific details of the contractor’s approach for performance and completion of this research study to include timeframes, deadlines, deliverables, and the level of effort needed by the contractor, the Division, and other designated parties for successful completion. The written research plan shall also specify progress points in which, after the specified deliverables are provided to the Division, the contractor may invoice the Division for up to 50% of the applicable firm fixed total price stated on the Pricing Page.

b. The contractor shall address the following items within the written research plan:

1) Identify and discuss the sample for this research. This shall include:

a. Quantity of the outgoing mailing; (range of approximate planned quantity is acceptable)

b. Identify if it is monthly, bi-monthly or quarterly, etc.;

c. Projected size of the Missouri sample on an annual basis including identifying the

Missouri sample size for the three calendar years of 2023, 2024, 2025.

d. Source of sample;

e. Credentials for sample source such as identifying a list of potential sample companies, their approximate size and an overview of how the panels are managed; and

f. Detail if an in-house database panel will be utilized. If so, provide approximate record quantity and describe how that database panel is managed.

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g. Estimated confidence interval

2) Identify and discuss the database to be utilized for the provision of this data.

3) Provide suggested wording of survey questions, with special attention given to past questions from prior year surveys.

a. Provide a sample of any current survey for a similar project.

4) Provide a recommended method of maintaining historic trend information.

• Detail possible breaks in trending by explaining possible increases or decreases from historical reporting.

Describe differences in prior methodology and how those differences might affect previously reported statistical information.

5) Provide a recommended method for pre-testing survey questionnaires to detect any design flaws and make necessary revisions.

• Provide a recommended approach for administering the surveys and studies, as well as explain and defend the most efficient and effective method for obtaining information (e.g., electronic surveys (email), USPS mail, etc.).

• If utilizing a currently administered survey, outline how future question changes or additions will be tested. Advise by what communication method that input is solicited from clients/users of this survey when incorporating question changes or additions.

6) Describe the database features. In the description, please include:

• An estimated sample size of the database being utilized

• If using an existing database, quantify the Missouri sample size for the last three years.

7) Provide a full timeline for specific start and completion dates for obtaining and publishing the obtained data. This shall include:

• Survey Timing – The contractor shall provide a calendar of survey deployment dates in a grid as shown below. The schedule plan should allow for year round travel data to be obtained.

Survey Schedule Plan Timing of Survey Deployment If Monthly Surveys By what date of each month If Quarterly Surveys By what month of each quarter

• Data Delivery – The contractor shall provide a calendar of data delivery dates. The contractor’s delivery of calendar year data must be provided as soon as possible following the end of the calendar year of data collection.

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What Data Timing of Delivery

2022 Full Calendar year data (January 1, 2022 to December 31, 2022)

Month/year

2023 Full Calendar year data (January 1, 2023 to December 31, 2023)

Month/year

2024 Full Calendar year data (January 1, 2024 to December 31, 2024)

Month/year

2025 Full Calendar year data (January 1, 2025 to December 31, 2025)

Month/year

2026 Full Calendar year data (January 1, 2026 to December 31, 2026)

Month/year

2027 Full Calendar year data (January 1, 2027 to December 31, 2027)

Month/year

c. The contractor’s potential survey participants must be screened while conducting the survey to include only those individuals who:

1) Have taken a leisure trip that was overnight and/or consisted of traveling 50 miles or more beyond the participant’s domicile within the past 12 months; and/or

2) Confirm they are 18 years or older; and

3) Confirm they are one of the principal travel planners in their respective household.

d. The contractor shall agree and understand that the Division shall have the right to modify, require changes, and require additional elaboration to the research plan as deemed necessary to accomplish the objectives and fulfill the needs of the Division.

1) The contractor shall agree and understand that the Division shall have complete and total approval authority of the contractor’s research plan.

2) In addition, because the needs of the Division may change throughout the contract period, the contractor may be required to develop and submit a new or revised research plan at other times throughout the contract period. The contractor shall prepare and submit all future research plans, including possible renewal period research plans, within a timeframe stipulated by the Division.

2.2.4 Upon approval by the state Division of the final written research plan, the contractor shall begin project duties in accordance with the approved plan. After written authorization from the Division to proceed with this research study, the contractor shall administer the final survey(s) as authorized by the Division, obtain data, weight survey data appropriate to survey design, and conduct tabulations and cross-tabulations of the data by key variables agreed to by the Division.

a. The contractor shall provide raw data samples or raw data as requested by the Division.

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b. The contractor shall store data in a database that must be accessible by the Division.

2.3 Domestic Visitor Data Collection Survey and Database Project Requirements: The contractor shall comply with the following for any research study performed.

2.3.1 The contractor shall develop and administer a questionnaire that shall contain a minimum of the following:

a. Demographics (unless on file of the panel and updated regularly)

b. Travel incidence and frequency

c. Trip purpose

d. Mode of transportation (both transportation to and within destination)

e. Travel party size (total and within household)

f. Trip length

g. States/cities visited

h. Number of days/nights

i. Information on accommodation type

j. Trip expenditures by categories

k. Trip planning (advance time, information and booking sources)

l. Activities experienced

2.3.2 The contractor shall allow the Division to review the questionnaire and all questionnaire content at any time.

a. The contractor shall advise the Division of proposed survey changes and ask for input from the Division regarding those changes.

2.3.3 The contractor shall conduct a comprehensive, national traveler tracking survey.

Recommendations for the survey’s distribution plan shall include the number of outgoing surveys needed for a nationally representative sample and the number of anticipated returned completions overall for one (1) year overall and for the state of Missouri. The contractor shall include in the methodology providing the justification for the plan for how often surveys are distributed.

a. The contractor shall conduct at least the minimum number of surveys specified in the contractor’s awarded proposal of nationwide interviews/surveys completed the past twelve

(12) months among travelers who have traveled more than 50 miles from their homes (excluding commuters) and/or stayed overnight.

b. The contractor shall store data in a database that is accessible by the Division. The Division must be advised of the contractor’s technical steps needed to access the data within the database.

2.3.4 The contractor shall provide the Division and the Division’s economic impact study contractor, if any, with the following data on a predetermined, published, and agreed-to schedule. The

IFB # 0000000001SL Page 11 contractor shall provide all data as required by the Division in a format and software that is compatible with the Division’s system and acceptable to the Division.

a. Complete nationwide travel data in the form of cross-data tabulations and statistics data files

b. Division access to a web-based analysis tool or database

c. Three years’ past data (2023, 2024, 2025)

d. Client service assistance in usage of the product and data

e. Regular progress and improvement updates

2.4 Additional Research Study Requirements:

2.4.1 If required by the Division, the contractor shall provide additional research services or add additional work to the studies described herein, such as secondary research, analysis of emerging trends, analysis of impact of various changes in business environment, and collection and analysis of travel data.

2.4.2 The contractor shall agree and understand that each time the contractor’s services are required for an additional research study, the Division shall contact the contractor by phone or e-mail detailing the type of services that will be required, study completion deadline, and other pertinent information or requirements for the study.

a. Based on the type of expertise needed by the Division for the specific research study required, the contractor shall assign qualified staff to the study.

b. Within ten (10) calendar days after notification by the Division of the desire for an additional research study or addendum, the contractor shall meet with Division staff (in person or via virtual means, at the direction of the Division) to discuss in detail the study and what specific information and data is necessary for the provision of services required.

1) The timing, due dates and any total cost for each required deliverable shall be negotiated between the contractor and the Division at the time of the initial notification meeting.

c. By no later than ten (10) calendar days after the meetings/discussions required above, the contractor shall submit a written research plan to the Division for the requested study. The plan shall include the contractor’s approach for performance and completion of the study including timeframes, deliverables, and a total guaranteed not-to-exceed price for completion of the study as required by the Division and described in the contractor’s written research plan. The contractor’s total guaranteed not-to-exceed price shall be developed based on the study methodology described in the written plan and shall include each of the following:

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1) The contractor’s not-to-exceed price for the additional research, determined by multiplying the contractor’s estimated number of hours needed to complete the additional research study or addendum by the firm fixed price per hour for additional research study services stated on the Pricing Page; and

2) The contractor shall agree and understand that the Division shall have the right to modify, require changes, and require additional elaboration in the written research plan. The Division agrees and understands that such modifications, changes, or additional elaboration may result in changes to the contractor’s accompanying guaranteed not-to-exceed total price. It is at the sole discretion of the Division to determine what is deemed necessary in order to ensure that the contractor’s services will accomplish the study objectives and will fulfill the needs of the Division.

2.4.3 After approval by the Division of the written research plan, the contractor shall perform the services required for the study in accordance with the approved research plan and accompanying guaranteed not-to-exceed total price. The services are to be performed within the timeline provided in the written research plan.

2.5 Reporting Requirements:

2.5.1 The contractor shall provide the data specified herein for the study to the Division for approval prior to a broader release.

2.5.2 Unless otherwise specified herein, the contractor shall submit the data points to the Division for the research required herein within the timeframe as approved by the Division in the written research plan developed for each study required.

2.5.3 The contractor shall consult with and obtain Division approval on the format of how the data for this project will be accessed and received.

2.5.4 After completion of data collection, weighting and data cleansing, the contractor shall report data availability to the Division as soon as possible.

a. The Division shall have the right to modify and/or to require additional elaboration and clarification of data provided if necessary

2.5.5 Presentation of data reporting – If required by the Division, the contractor shall orally present, in a meeting conducted via the method designated by the Division, the results of this data to the Division and/or designees of the Division.

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2.6 Contractor Qualifications:

2.6.1 The contractor should have five years of experience and training in travel and tourism research, data collection, and analysis.

2.7 Team Qualifications:

2.7.1 The contractor shall include the following team members to administer the contract requirements:

a. Leadership Team – The contractor’s leadership team should include executive level personnel such as the President, Vice President(s), and Director(s). Each member of the contractor’s leadership team should possess the following:

1) College-undergraduate degree

2) At least ten (10) years of relevant experience in the area of service proposed, including sample design, survey design, research report design, research report writing, and track record meeting deadlines.

b. Project Team – The contractor’s project team should include a lead research analyst, project manager, director or manager of data collection and data processing, and a programmer or analyst. Each member of the project team should possess the following:

1) Undergraduate degree or four years of experience equivalent

2) At least three years of travel and tourism research, data collection, and analysis experience and background commensurate with the requirements included herein

c. Expert Advisor and Analytic Team – The contractor’s expert advisor and analytic team should possess the following:

1) Undergraduate degree or four years of experience equivalent

2) At least three years of in travel and tourism research, data collection, and analysis experience and background commensurate with the requirements included herein

d. Contact Person: The contractor shall designate a contact person who shall serve as the liaison between the contractor and the Division. By no later than five (5) business days after notification by the Division to proceed with services, the contractor shall provide the Division 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 for the Division.

2.8 Recordkeeping Requirements:

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2.8.1 The contractor must maintain financial and accounting records and evidence pertaining to the contract in accordance with generally accepted accounting principles and other procedures specified by the Division.

a. The contractor shall make all such records, books, and other documents relevant to the contract available to the Division and its designees and the Missouri State Auditor in a format acceptable to the Division at all reasonable times during the term of the contract.

b. The contractor shall retain all such records according to the Division’s retention period or the completion of an independent audit, whichever is later. If any litigation, claim, negotiation, audit, investigation, or other actions involving the records has been started before the expiration of the retention period, the contractor shall retain such records until completion of such action and resolution of all issues that arise from it.

c. The contractor shall permit the Division, governmental auditors, and authorized representatives of the State of Missouri to 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. 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 governmental auditors shall not be paid by the Division and shall be the sole responsibility of the contractor.

2.9 Invoicing and Payment Requirements:

2.9.1 The State of Missouri shall submit contract payments to the contractor at the remittance address listed in the contractor’s MissouriBUYS vendor registration. However, the contractor shall understand and agree 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.

2.9.2 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.

2.9.3 The contractor shall invoice the Division on the contractor’s original descriptive business invoice form and submit invoices to touacct@ded.mo.gov.

2.9.4 Invoicing and Payment Requirements for Research Study

https://missouribuys.mo.gov/ https://www.vendorservices.mo.gov/vendorservices/Portal/Default.aspx mailto:touacct@ded.mo.gov

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a. Invoicing – Except for what is specified below, the contractor shall submit the first invoice for up to 50% of the applicable firm fixed total price stated on the Pricing Page based on a Division approved, predetermined progress point outlined in the contractor’s research plan.

The contractor shall submit the second invoice for the remaining percentage of the applicable firm fixed total price stated on the Pricing Page for each study following completion of the study, including all reporting requirements and oral presentation or meeting, if required.

b. Payments – Except for what is specified below, the contractor shall be paid the total on the first invoice upon the Division’s approval of actual progress, its receipt and approval of the invoice, and its receipt of documentation of completion of the predetermined progress point. After receipt and acceptance by the Division of the study report and data, receipt and approval of the final invoice, and any oral presentation of the report required, the contractor shall be paid the remaining percentage of the applicable firm fixed total price.

2.9.5 Invoicing and Payment Requirements for Any Additional Research or research studies performed

– The contractor shall be paid as specified in this section for any additional research performed.

However, in no event shall the total amount paid to the contractor for research exceed the guaranteed not-to-exceed price specified in the written research plan approved for each additional research study:

a. Invoicing/Payments for Hours of Service – After additional research is approved by the Division and the contractor is authorized to proceed, the contractor shall submit the first invoice for up to 50% of the applicable firm fixed total price stated on the Pricing Page for each study performed based on a Division approved, predetermined progress point outlined in the contractor’s research plan. The contractor shall submit the second invoice for the remaining percentage of the applicable firm fixed total price stated on the Pricing Page for all research following completion and Division approval of the research or research study, including all reporting requirements.

2.9.6 Other than the payments specified above, no other payments or reimbursements shall be made to the contractor for any reason whatsoever.

2.9.7 Notwithstanding any other payment provision of the contract, if the contractor fails to perform required work or services, fails to submit reports when due, the Division may withhold payment or reject invoices under the contract.

2.9.8 Final invoices are due by no later than thirty (30) calendar days after delivery of the final research product (reports and data). The Division shall have no obligation to pay any invoice submitted after the due date.

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2.9.9 If a request by the contractor for payment or reimbursement is denied, the Division shall provide the contractor with written notice of the reason(s) for denial.

2.9.10 If the contractor is overpaid by the Division, upon official notification by the Division, the contractor shall provide the Division (1) with a check payable as instructed by the Division in the amount of such overpayment at the address specified by the Division or (2) deduct the overpayment from the monthly invoices as requested by the Division.

END OF PART TWO: SCOPE OF WORK

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3. CONTRACTUAL REQUIREMENTS:

This section of the IFB includes the contractual requirements and provisions that will govern the contract after IFB award. The contents of this section include mandatory provisions that must be adhered to by the state and the contractor, unless changed by a contract amendment. Response to this section by the vendor is not necessary as all provisions are mandatory.

3.1 Contract:

3.1.1 A binding contract shall consist of: (1) the IFB and any addendum thereto, (2) the contractor’s response (bid) to the IFB, (3) clarification of the bid, if any, and (4) the Division’s acceptance of the response (bid) by “notice of award”. All Exhibits and Attachments included in the IFB shall be incorporated into the contract by reference.

a. 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 equipment, supplies, and/or services for the State of Missouri, the contractor must receive a properly authorized purchase order or other form of authorization given to the contractor at the discretion of the Division.

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

c. Any change to the contract, whether by modification and/or supplementation, must be accomplished by a formal contract amendment signed and approved by and between the duly authorized representative of the contractor and the Division prior to the effective date of such modification. The contractor expressly and explicitly understands and agrees that no other method and/or no other document, including correspondence, acts, and oral communications by or from any person, shall be used or construed as an addendum or modification to the contract.

3.2 Contract Period:

3.2.1 The original contract period shall be as stated on page 1 of the Invitation for Bid (IFB). The contract shall not bind, nor purport to bind, the state for any contractual commitment in excess of the original contract period. The Division shall have the right, at its sole option, to renew the contract for two additional one-year periods, or any portion thereof. In the event the Division exercises such right, all terms and conditions, requirements and specifications of the contract shall remain the same and apply during renewal periods.

3.3 Renewal Periods:

3.3.1 If the option for renewal is exercised by the Division, the contractor shall agree that the prices for the renewal period shall not exceed the maximum price for the applicable renewal period stated on the Pricing Page of the contract.

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a. If renewal prices are not provided, then prices during renewal periods shall be the same as during the original contract period.

b. In addition, the contractor shall understand and agree that renewal period price 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.

3.4 Termination:

3.4.1 The Division 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. In the event of termination pursuant to this paragraph, all documents, data, reports, supplies, equipment, and accomplishments prepared, furnished or completed by the contractor pursuant to the terms of the contract shall, at the option of the Division, become the property of the State of Missouri.

The contractor shall be entitled to receive compensation for services and/or supplies delivered to and accepted by the State of Missouri pursuant to the contract prior to the effective date of termination.

3.5 Transition:

3.5.1 The contractor shall work with the Division and any other organizations designated by the Division to ensure an orderly transition of services and responsibilities under the contract and to ensure the continuity of those services required by the Division.

3.5.2 Upon expiration, termination, or cancellation of the contract, the contractor shall assist the

Division to ensure an orderly and smooth transfer of responsibility and continuity of those services required under the terms of the contract to an organization designated by the Division.

3.6 Contractor Liability:

3.6.1 The contractor shall be responsible for any and all personal injury (including death) or property damage as a result of the contractor's negligence involving any equipment or service provided under the terms and conditions, requirements and specifications of the contract. In addition, the contractor assumes the obligation to save the State of Missouri, including its agencies, employees, and assignees, from every expense, liability, or payment arising out of such negligent act.

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a. The contractor also agrees to hold the State of Missouri, including its agencies, employees, and assignees, harmless for any negligent act or omission committed by any subcontractor or other person employed by or under the supervision of the contractor under the terms of the contract.

b. The contractor shall not be responsible for any injury or damage occurring as a result of any negligent act or omission committed by the State of Missouri, including its agencies, employees, and assignees.

c. Under no circumstances shall the contractor be liable for any of the following: (1) third party claims against the state for losses or damages (other than those listed above); or (2) economic consequential damages (including lost profits or savings) or incidental damages, even if the contractor is informed of their possibility.

3.6.2 The contractor shall understand and agree that pursuant to the Constitution of the State of Missouri, Article III, Section 39 the state shall not indemnify, hold harmless, or agree in advance to defend any person or entity.

3.7 Insurance:

3.7.1 The contractor shall understand and agree that the State of Missouri cannot save and hold harmless and/or indemnify the contractor or employees against any liability incurred or arising as a result of any activity of the contractor or any activity of the contractor's employees related to the contractor's performance under the contract. Therefore, the contractor must acquire and maintain adequate liability insurance in the form(s) and amount(s) sufficient to protect the State of Missouri, its agencies, its employees, its clients, and the general public against any such loss, damage and/or expense related to his/her performance under the contract. General and other non-professional liability insurance shall include an endorsement that adds the State of Missouri as an additional insured. Self-insurance coverage or another alternative risk financing mechanism may be utilized provided that such coverage is verifiable and irrevocably reliable and the State of Missouri is protected as an additional insured.

a. In the event the insurance coverage is canceled, the Division must be notified within thirty

(30) calendar days prior to such cancelation.

3.8 Participation by Other Organizations:

3.8.1 The contractor must comply with any Organization for the Blind/Sheltered Workshop and/or Service-Disabled Veteran Business Enterprise (SDVE) participation levels committed to in the contractor’s awarded bid.

a. The contractor shall prepare and submit to the Division a report detailing all payments made by the contractor to Organizations for the Blind/Sheltered Workshops and/or SDVEs participating in the contract for the reporting period. The contractor must submit the report on an annual basis, unless otherwise determined by the Division.

b. The Division will monitor the contractor’s compliance in meeting the Organizations for the Blind/Sheltered Workshop and SDVE participation levels committed to in the contractor’s awarded bid. If the contractor’s payments to the participating entities are less than the

IFB # 0000000001SL Page 20 amount committed, the state may cancel the contract and/or suspend or debar the contractor from participating in future state procurements, or retain payments to the contractor in an amount equal to the value of the participation commitment less actual payments made by the contractor to the participating entity. If the Division determines that the contractor becomes compliant with the commitment, any funds retained as stated above, will be released.

c. If a participating entity fails to retain the required certification or is unable to satisfactorily perform, the contractor must obtain other organizations for the blind/sheltered workshops or other SDVEs to fulfill the participation requirements committed to in the contractor’s awarded bid.

1) The contractor must obtain the written approval of the Division for any new entities.

This approval shall not be arbitrarily withheld.

2) If the contractor cannot obtain a replacement entity, the contractor must submit documentation to the Division detailing all efforts made to secure a replacement. The Division shall have sole discretion in determining if the actions taken by the contractor constitute a good faith effort to secure the required participation and whether the contract will be amended to change the contractor’s participation commitment.

3.8.2 No later than 30 days after the effective date of the first renewal period, the contractor must submit an affidavit to the Division. The affidavit must be signed by the director or manager of the participating Organizations for the Blind/Sheltered Workshops verifying provision of products and/or services and compliance of all contractor payments made to the Organizations for the Blind/Sheltered Workshops. The contactor may use the affidavit available on the Office of Administration, Division of Purchasing’s website at https://oa.mo.gov/purchasing/vendor-information or another affidavit providing the same information.

3.9 Substitution of Personnel:

3.9.1 The contractor agrees and understands that the State of Missouri's agreement to the contract is predicated in part on the utilization of the specific key individual(s) and/or personnel qualifications identified in the bid. Therefore, the contractor agrees and understands that any substitution of the specific key individual(s) and/or personnel qualifications identified in the bid must be with individual(s) of equal or better qualifications than originally proposed.

3.10 Authorized Personnel:

3.10.1 The contractor shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws. This includes but is not limited to the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) and INA Section 274A.

a. If the contractor is found to be in violation of this requirement or the applicable state, federal, and local laws and regulations, and if the State of Missouri has reasonable cause to https://oa.mo.gov/purchasing/vendor-information https://oa.mo.gov/purchasing/vendor-information

IFB # 0000000001SL Page 21 believe that the contractor has knowingly employed individuals who are not eligible to work in the United States, the state shall have the right to cancel the contract immediately without penalty or recourse and suspend or debar the contractor from doing business with the state. The state may also withhold up to twenty-five percent of the total amount due to the contractor.

b. The contractor shall agree to fully cooperate with any audit or investigation from federal, state, or local law enforcement agencies.

3.10.2 If the contractor meets the definition of a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, the contractor shall maintain enrollment and participation in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to 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, prior to the performance of any services as a business entity under the contract:

a. Enroll and participate in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services required herein; AND

b. Provide to the Division the documentation required in the exhibit titled Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization affirming said company’s/individual’s enrollment and participation in the E-Verify federal work authorization program; AND

c. Submit to the Division a completed, notarized Affidavit of Work Authorization provided in the exhibit titled Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization.

3.10.3 In accordance with subsection 2 of section 285.530, RSMo, the contractor should renew their Affidavit of Work Authorization annually. A valid Affidavit of Work Authorization is necessary to award any new contracts.

3.11 Anti-Discrimination Against Israel Act Contractor Requirements:

3.11.1 If the contractor meets the definition of a company as defined in section 34.600, RSMo, and has ten or more employees, the contractor shall not engage in a boycott of goods or services from the State of Israel; from companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or from persons or entities doing business in the State of Israel as defined in section 34.600, RSMo.

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3.11.2 If the contractor meets the definition of a company as defined in section 34.600, RSMo, and the company’s employees increases to ten or more during the life of the contract, then the contractor shall submit to the Division a completed Box C of the exhibit titled, Anti- Discrimination Against Israel Act Certification, and shall comply with the requirements of Box C.

3.11.3 If during the life of the contract, the contractor’s business status changes to become a company as defined in section 34.600, RSMo, and the company has ten or more employees, then the contractor shall comply with, complete, and submit to the Division a completed Box C of the exhibit titled, Anti-Discrimination Against Israel Act Certification.

3.12…