IFB DOC 0000000043SL.pdf

INVITATION FOR BID IFB DOC 0000000043SL

Semi-Truck and Trailer Maintenance, Repair and

Parts

FOR

Missouri Department of Corrections Eastern Region Commodity Warehouse

Contract Period:

Date of Award through One Year

Date of Issue:

March 26, 2026

Missouri Department of Corrections Purchasing Section

2729 Plaza Drive, P.O. Box 236 Jefferson City, MO 65102

Buyer of Record:

Craig Lee Procurement Specialist

Telephone: (573) 526-0591 craig.lee@doc.mo.gov

Bids Must Be Received No Later Than:

2:00 p.m., Thursday, April 23, 2026

Bids MUST be submitted electronically through MissouriBUYS HTTPS://MISSOURIBUYS.MO.GOV

The undersigned hereby declares understanding, agreement, and certification of compliance to provide the items and/or services at the prices stated, pursuant to the requirements and specifications contained herein. The undersigned further agrees that when an authorized official of the Missouri Department of Corrections countersigns this document, a binding contract, as defined herein, shall exist between the contractor and the Department of Corrections. The authorized signer of this document certifies the contractor (named below) and each of its principals are not suspended or debarred by the federal government.

Company Name:

Remittance Address:

City, State, Zip:

Telephone: Fax:

MissouriBUYS System Supplier ID:

Email:

Authorized Signer’s Printed Name and Title:

Authorized Signature:

Date:

The original cover page, including amendments, should be signed and returned with the bid.

mailto:craig.lee@doc.mo.gov https://missouribuys.mo.gov/

DOC-FY25-000-SL Page 2

Solicitation Organization:

This document is divided into the following parts:

Section 1: Introduction and General Information Section 2: Scope of Work Section 3: Terms and Conditions Section 4: Contractual Requirements Section 5: Response Submission Information and Requirements Exhibit A: Pricing Pages Exhibit B: Miscellaneous Information Exhibit C: Anti-Discrimination against Israel Act Certification Exhibit D: Organization for the Blind/Sheltered Workshop Participation Commitment Exhibit E: Organization for the Blind/Sheltered Workshop Document of Intent to Participate Exhibit F: Missouri Service-Disabled Veteran Business Enterprise Preference Exhibit G: Domestic Products Procurement Act (Buy American) Preference Exhibit H: Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization

IFB DOC 0000000043SL

1. INTRODUCTION AND GENERAL INFORMATION

This section of the solicitation includes a brief introduction and background information about the intended acquisition for which the requirements herein are written.

1.1 Introduction:

1.1.1 This document constitutes an invitation for sealed bids from prospective vendors to establish a contract for semi-truck and trailer maintenance, repair and parts for the Missouri Department of Corrections, Eastern Region Commodity Warehouse hereinafter referred to as “state agency,” in accordance with the requirements and provisions stated herein.

1.2 IFB Questions:

1.2.1 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 solicitation.

a. Vendors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the IFB, the evaluation, etc., to the buyer of record indicated on the first page of this IFB. Vendors and their agents may not 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 and their agents who have questions regarding this matter should contact the buyer of record.

1.2.2 Questions and issues relating to the IFB must be directed to the buyer. It is preferred that questions be e-mailed to the buyer at craig.lee@doc.mo.gov.

1.2.3 All questions and issues should be submitted no later than ten calendar days prior to the due date of the solicitations.

If not received prior to ten days before the solicitation due date, the Department may not be able to fully research and consider the respective questions or issues.

1.2.4 Upon the Department’s consideration of questions and issues, if the Department determines that changes are necessary, the resulting changes will be included in a subsequently issued IFB addendum(s); absence of such response indicates that the questions and issues were considered but deemed unnecessary for a IFB addendum as the questions and issues did not provide further revision or clarity to the IFB or that time was not available to provide a response. 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 Information:

1.3.1 Eastern Region Commodity Warehouse is located at 2727 Hwy K Bonne Terre, MO and currently operates five (5) International, Freightliner semi-trucks and seven (7) 48-53 ft Great Dane trailers that require maintenance, repair and parts periodically.

1.3.2 Some required maintenance or in-shop repairs may be requested on a scheduled basis; however, the awarded contract shall also support mobile emergency repair needs, on an as needed basis.

mailto:craig.lee@doc.mo.gov

1.4 Current Contract Information:

1.4.1 Currently, no contract exists for the service and/or products required herein.

1.5 Accuracy of Background Information:

1.5.1 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 Invitation for Bid.

1.6 Glossary of Terms and Acronyms:

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

1.6.2 General Glossary, Acronyms, and Abbreviations:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

END OF PART ONE: INTRODUCTION AND GENERAL INFORMATION

2. SCOPE OF WORK

2.1 General Requirements:

2.1.1 The contractor shall provide Class 6, 7 and 8 semi-truck and trailer maintenance, repair and parts on an as needed, if needed basis as ordered by the state agency. The contractor must comply with all mandatory requirements and specifications presented herein and shall perform all services to the sole satisfaction of the state agency.

2.1.2 Unless otherwise specified herein, the contractor shall furnish all material, labor, facilities, equipment, and supplies necessary to provide the products and/or perform the services required herein.

2.2 Performance Requirements:

2.2.1 The contractor shall be responsible for repairing heavy trucks and trailers that have malfunctioned or broken down, including providing the parts needed for repair. The contractor shall understand and agree that at the discretion of the state agency, the performance of such repairs may vary by location and be dependent upon where the truck and/or trailer broke down. Therefore, such in-shop and mobile emergency repair may be provided by the contractor at the contractor’s shop (hereinafter referred to as “in-shop repairs”) or at the state agency’s chosen work site where the truck and/or trailer is broken down or being used by the state agency.

2.2.2 Repair Facility- The contractor’s repair facility used for contract purposes should be located within 25 miles of Bonne Terre, MO. In addition, the contractor’s facility must be capable of handling work on up to class 8 semi-trucks.

2.2.3 In-Shop Repairs- The state agency will make delivery arrangements to the contractor’s shop for trucks and trailers that require repair service. The contractor shall begin in-shop repairs within five (5) business days of delivery and acceptance of the trucks and trailers needing repair service at the contractor’s shop.

a. The contractor shall be reimbursed the firm, fixed hourly labor rate for in-shop repair. The contractor shall prorate repairs to the quarter (¼) hour.

2.2.4 Mobile Repairs- In the event that repairs are required at the work site where the truck and trailer is being used by the state agency, the contractor must respond on-site for mobile repairs within five (5) business days of the state agency’s service request.

a. The contractor shall be reimbursed the firm, fixed hourly labor rate for mobile repair where the worksite is located. The contractor shall prorate repairs to the quarter (¼) hour.

2.2.5 Emergency Mobile Repairs- The contractor shall understand and agree that repairs may be required, at a minimum, along roadsides, in public or private parking lots, or at weigh stations. Unless otherwise mutually agreed upon between the contractor and the state agency, the contractor shall respond on-site to perform such emergency mobile repair(s), within four (4) hours after receiving a service request from the state agency.

a. The contractor shall be reimbursed the firm, fixed hourly labor rate for emergency mobile repairs where the truck and trailer is located. The contractor shall prorate repairs to the quarter (¼) hour.

2.2.6 Turn Around Time-The contractor and the state agency shall mutually agree upon the turnaround time on all vehicle repairs. If repairs cannot be completed within an appropriate time, the state agency may obtain services from other sources as deemed appropriate.

2.2.7 Mechanics and Equipment:

a. The contractor shall have a minimum of 5 years’ experience working on Class 6,7, and 8 semi-trucks and trailers and agree that all work shall be performed by certified technicians, experienced and qualified to work on the specified type of vehicle, and that all work be performed in accordance with the best commercial practices and without unnecessary delays.

b. The contractor must have available suitable modern equipment necessary for the satisfactory execution of any repair job including all gauges and checking tools necessary to make precision adjustments when required, and all special repair tools for the proper servicing of the equipment called for under the contract.

2.2.8 Parts and Materials:

a. The contractor shall maintain a reasonable inventory of repair parts and expandable maintenance parts on hand at all times.

b. All parts and materials supplied by the contractor and used on state vehicles shall be new and of equal quality to the original equipment manufactured except as stated below.

c. No parts, accessories, or supplies shall be used which might void the vehicle manufacturer’s warranty. When not concerned with the vehicle warranty, the ordering agency may authorize use of rebuilt assemblies or sub-assemblies when such is standard industry practice, and the rebuilt item carries the same warranty as a new assembly or sub-assembly. Any part removed is state property and shall be returned or disposed of as directed by the ordering agency unless new part prices is predicated on an exchange basis.

2.3 Warranty Requirements:

2.3.1 The contractor shall provide a minimum thirty (30) day warranty on all of the contractor’s labor for all repairs and maintenance. In addition, the contractor shall provide the standard manufacturer’s warranty on all parts. During the warranty periods, the contractor shall provide any replacement parts and repair service at no additional cost to the state agency. The contractor’s warranty(ies) shall commence upon delivery and acceptance of the truck and/or trailer preventative maintenance or repairs by the state agency.

2.3.2 In the event the truck or trailer cannot be repaired or if the repair would otherwise compromise the integrity of the part and the manufacturer warranty, then the contractor must replace the part in its entirety at no additional cost to the state agency.

2.4 Delivery Requirements:

2.4.1 The contractor and/or the contractor's subcontractor(s) shall deliver products in accordance with the contracted delivery times stated herein to the state agency upon receipt of an authorized purchase order or P-card transaction notice. Delivery shall include unloading shipments at the state agency's dock or other designated unloading site as requested by the state agency. All orders must be shipped FOB Destination, Freight Prepaid and Allowed. All orders received on the last day of the contract, must be shipped at the contract price. All deliveries must be coordinated with the state agency.

2.5 Substitutions:

2.5.1 The contractor shall not substitute any part(s) that has been awarded to the contractor without the prior written approval of the Department.

2.5.2 In the event a part becomes unavailable, the contractor shall be responsible for providing a suitable substitute part.

The contractor’s failure to provide an acceptable substitute may result in cancellation or termination of the contract.

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

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

2.6 Replacement of Damaged Product:

2.6.1 The contractor shall repair or replace any part(s) or component(s) received in damaged condition at no cost to the state agency. This includes all delivery/transportation costs for returning non-functional parts to the contractor for replacement.

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

2.7.2 Invoicing: The contractor shall submit invoices, upon completion of each truck and/or trailer, maintenance and/or repair, in accordance with the applicable firm, fixed pricing for all products and services stated on Exhibit A, Pricing Pages of the contractor’s awarded proposal. The contractor shall submit an itemized invoice for delivered product based on firm, fixed pricing shown on the contract Pricing Page to DOC.Payables@doc.mo.gov or the following address:

Accounts Payable/ERCW

Department of Corrections PO Box 236 Jefferson City, MO 65012

a. Mobile Repairs and Emergency Mobile Repairs – The contractor shall submit an invoice for the contractor’s actual service time required for mobile repair services, in accordance with the applicable firm, fixed price stated on Exhibit A, Pricing Pages of the contractor’s awarded proposal. The contractor’s hourly labor rate shall begin when the contractor leaves the contractor’s shop, continues while on site, and ends when the contractor returns to the contractor’s shop.

b. For any parts, materials and supplies, the contractor shall invoice and be paid in accordance with the applicable current manufacturer’s standard retail price, including the applicable percentage markup specified on Exhibit A, Pricing Pages of the contractor’s awarded proposal.

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. The invoice number will be listed on the state’s EFT addendum record to enable the contractor to properly apply state payments to invoices. The contractor must comply with all other invoicing requirements stated in the IFB.

mailto:DOC.Payables@doc.mo.gov

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: Payments are due upon receipt of a valid invoice, payable in 45 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.

a. The contractor shall understand and agree that services, parts and materials must be received before payments will be made.

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

c. P-cards may be used for parts purchases when repairs are not required.

d. 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.

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

END OF PART TWO: SCOPE OF WORK

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

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 Purchasing.

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 Anti-Discrimination Against Israel Act Contractor Requirements:

3.4.1 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 products 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.

3.4.2 If during the life of the contract, the contractor’s business status changes according to section 34.600, RSMo, then the contractor shall comply with, complete, and submit to the Division of Purchasing an updated Exhibit C, Anti- Discrimination Against Israel Act Certification.

3.5 Authorized Personnel/E-Verify:

3.5.1 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.

3.5.2 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.

3.5.3 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

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

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

3.6 Business Registration:

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

3.7 Data Breach:

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

3.8 Elected or Appointed Officials and Employees:

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

3.9 Indemnification:

3.9.1 Unless expressly provided by Missouri law to the contrary, pursuant to the Constitution of the State of Missouri, Article

III, section 39, subsections 2 and 5, the state shall not indemnify, hold harmless, or agree in advance to defend, any person or entity.

3.10 Legal Proceedings:

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

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

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

3.11 Negotiations:

3.11.1 The State of Missouri does not negotiate contracts after award. Any competitive negotiation, if conducted by the state, must have occurred prior to contract award in accordance with Chapter 34, RSMo, 1 CSR 40-1.050 and as stated in this RFP.

3.12 Invoicing and Payment:

3.12.1 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 products or services.

3.13 Non-Appropriation of Funds:

3.13.1 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).

3.14 Work Outside the United States:

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

3.15 Open Records:

3.15.1 Pursuant to section 610.021, RSMo, the contract and related documents are available for public review. Pursuant to section 610.021, RSMo, proposals and related documents shall not be available for public review until after a contract is executed or all proposals are rejected.

3.16 Prison Rape Elimination Act (PREA) Requirements:

3.16.1 In accordance with the Prison Rape Elimination Act, the contractor’s personnel and agents providing service under the contract and within the security perimeter of the state agency’s institution must be at least 18 years of age.

3.16.2 Prior to the provision of service, the state agency may conduct a Missouri Uniform Law Enforcement System (MULES) or other background investigation on the contractor’s personnel and agents. Such investigation shall be equivalent to investigations required of all personnel employed by the state agency.

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

3.16.3 The contractor must obtain written approval from the state agency’s Director of the Division of Adult Institutions for any contractor personnel and agents under active federal or state felony or misdemeanor supervision, and contractor personnel and agents with prior felony convictions but not under active supervision, prior to such personnel and agents performing contractual services.

3.16.4 The contractor and the contractor’s personnel and agents shall at all times observe and comply with all applicable state statutes, state agency rules, regulations, guidelines, internal management policy and procedures, and general orders of the state agency that are applicable, regarding operations and activities in and about all state agency property.

Furthermore, the contractor and the contractor’s personnel and agents shall not obstruct the state agency nor any of its designated officials from performing their duties in response to court orders or in the maintenance of a secure and safe correctional environment. The contractor shall comply with the state agency’s policy and procedures relating to personnel conduct.

3.16.5 The state agency has a zero-tolerance policy for any form of sexual misconduct to include staff/contractor/volunteer-on-offender or offender-on-offender sexual harassment, sexual assault, sexual abusive contact, and consensual sex.

The contractor and the contractor’s personnel and agents who witness sexual misconduct must immediately report such to the institution’s warden. If the contractor, or the contractor’s personnel and agents, engage in, fail to report, or knowingly condone sexual misconduct with or between offenders, the contract shall be subject to cancellation and the contractor or the contractor’s personnel and agents may be subject to criminal prosecution.

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

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

3.17 Protests:

3.17.1 Any proposal 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.

3.18 Record Access:

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

3.19 State Preferences:

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

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

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

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

d. Section 34.350 to 34.359 RSMo for the Missouri Domestic Products Procurement Act.

3.20 Taxes:

3.20.1 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*****

4. CONTRACTUAL REQUIREMENTS

This section of the IFB includes 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.

4.1 Contract:

4.1.1 A binding contract shall consist of: (1) the IFB and any addendums thereto, (2) the contractor’s response (bid) to the IFB, (3) clarification of the bid, if any, and (4) the Department’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 state agency.

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

1) The State of Missouri does not negotiate contracts after award.

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 Department 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 amendment or modification to the contract.

4.2 Contract Period:

4.2.1 The original contract period shall be as stated on page 1 of the Notice of Award. The contract shall not bind, nor purport to bind, the state for any contractual commitment in excess of the original contract period. The Department shall have the right, at its sole option, to renew the contract for two (2) additional one-year periods, 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 renewal periods.

4.3 Renewal Period:

4.3.1 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 maximum price of increase for the applicable renewal period stated on the Pricing Page of the contract.

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 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.

4.4 Termination:

4.4.1 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. 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 Department, 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.

4.5 Contractor Liability:

4.5.1 The contractor shall be responsible for any and all tort or statutory liability to third-parties (including, but not limited to, the contractor’s agents, employees, and subcontractors) arising out of the contractor’s provision of any equipment or services under the contract. In addition, the contractor agrees to defend and indemnify the State of Missouri, it agencies, employees, and assignees from and against all such liability.

a. The contractor also agrees to indemnify, defend, and hold harmless the State of Missouri, its agencies, employees, and assignees from and against any and all tort or statutory liability arising out of the provision of any equipment or services 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 solely as a result of any negligent act or omission by the State of Missouri, its agencies, employees, or assignees.

4.6 Insurance

4.6.1 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. In the event any insurance coverage is canceled, the state agency must be notified at least thirty (30) calendar days prior to such cancelation.

4.7 Subcontractors:

4.7.1 Any subcontracts for the products/services described herein must include appropriate provisions and contractual obligations to ensure the successful fulfillment of all contractual obligations agreed to by the contractor and the State of Missouri and to ensure that the State of Missouri is indemnified, saved, and held harmless from and against any and all claims of damage, loss, and cost (including attorney fees) of any kind related to a subcontract in those matters described in the contract between the State of Missouri and the contractor.

a. The contractor shall expressly understand and agree that he/she shall assume and be solely responsible for all legal and financial responsibilities related to the execution of a subcontract.

b. The contractor shall agree and understand that utilization of a subcontractor to provide any of the products/services in the contract shall in no way relieve the contractor of the responsibility for providing the products/services as described and set forth herein.

4.8 Participation by Other Organizations:

4.8.1 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 Department 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 a monthly basis, unless otherwise determined by the Department.

b. The Department 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 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 Department 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 of Purchasing 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 of Purchasing detailing all efforts made to secure a replacement. The Division of Purchasing 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.

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

4.9 Substitution of Personnel:

4.9.1 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 solicitation.

Therefore, the contractor agrees and understands that any substitution of the specific key individual(s) and/or personnel qualifications identified in the solicitation must be with individual(s) of equal or better qualifications than originally proposed.

4.10 Authorized Personnel:

4.10.1 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.

4.10.2 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 believe that the contractor has knowingly employed https://oa.mo.gov/purchasing/vendor-information 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.

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

4.11 Anti-Discrimination Against Israel Act Contractor Requirements:

4.11.1 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.

4.11.2 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 Department a completed Box C of the exhibit titled, Anti-Discrimination Against Israel Act Certification, and shall comply with the requirements of Box C.

4.11.3 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 Department a completed Box C of the exhibit titled, Anti-Discrimination Against Israel Act Certification.

4.12 Contractor Status:

4.12.1 The contractor is an independent contractor and shall not represent the contractor or the contractor’s employees to be employees of the State of Missouri or an agency of the State of Missouri. The contractor shall assume all legal and financial responsibility for salaries, taxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, etc., and agrees to indemnify, save, and hold the State of Missouri, its officers, agents, and employees, harmless from and against, any and all loss; cost (including attorney fees); and damage of any kind related to such matters.

4.13 Coordination:

4.13.1 The contractor shall fully coordinate all contract activities with those activities of the state agency.