IFB DOC 0000000048SL.pdf

INVITATION FOR BID IFB DOC 0000000048SL

Grease Interceptor/Trap Clean-Out

FOR

Missouri Department of Corrections Missouri Eastern Correctional Center

Contract Period:

June 9, 2026 through June 8, 2027

Date of Issue:

April 16, 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, May 14, 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/

IFB DOC 0000000048SL 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: Exhibit B, Employee Bidding/Conflict of Interest Exhibit C: Current/Prior Experience Exhibit D: Participation Commitment Exhibit E: Documentation of Intent to Participate Exhibit F: Missouri Service-Disabled Veteran Business Enterprise Preference Exhibit G: Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization Exhibit H: Missouri Secretary of State/Authorization to Transact Business

IFB DOC 0000000048SL

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 The Missouri Department of Corrections (hereinafter referred to as Department) is accepting competitive, sealed bids to establish a contract for the pump-out and disposal of grease interceptor/sludge traps for the Missouri Eastern Correctional Center (hereinafter referred to as MECC) on an as needed basis, in accordance with the requirements and provisions stated herein. The MECC is located at the following address:

Missouri Eastern Correctional Center 18701 Old Highway 66 Pacific, MO 63069

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 The MECC has one (1) grease interceptor/sludge trap. The tank has six (6) compartments. The total tank capacity is approximately eight thousand, one hundred (8,100) gallons. It is located adjacent to the Food Service building.

1.4 Current Contract Information:

1.4.1 A previous contract exists for the services being obtained via the IFB. A copy of the contract can be viewed and printed from the MissouriBUYS Contract Board:

https://missouribuys.mo.gov/contractboard.

Please reference contract number Y23708350 when searching for the document.

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 Non-Mandatory Site Tour:

1.6.1 Site tours are available by appointment. To make an appointment for a site tour, please contact Jessica Poschel at

(636)334-8317, or at jessica.poschel@doc.mo.gov, Monday through Friday, 8:00 a.m. to 4:00 p.m., at least 4 days prior to desired site tour date.

a. The vendor must provide a valid Missouri driver's license for each person attending. If the person attending does not have a Missouri driver's license, their social security number and date of birth are required.

b. Each person attending the site tour will be required to have a valid government issued ID. Cell phones, cameras, and purses will not be permitted inside the facility.

c. Each potential vendor is limited to two (2) individuals at the site tour

d. The Department reserves the right to accept or reject any person requesting a site tour.

1.6.2 The purpose of the site tour is for potential vendors to gain a complete and thorough understanding and knowledge of the facility trash service needs in order for the vendor to accurately submit a bid for the services required herein.

1.6.3 Each vendor is solely responsible for a prudent and complete personal inspection, examination, and assessment of the work site condition, facilities, and/or any other existing condition, factor, or item that may affect or influence the performance of service described and required by the Contractual Requirements.

1.6.4 During the site tour, if the vendor discovers a discrepancy/conflict with the information provided herein, the vendor should immediately notify Craig Lee of the Fiscal Management Unit, Purchasing Section at craig.lee@doc.mo.gov.

1.6.5 Vendors are strongly encouraged to advise the Department designee listed in paragraph 1.6.1, at least five (5) days prior to the scheduled site tour of any special accommodations needed for disabled personnel who will be attending the site tour so that these accommodations can be made.

1.6.6 All questions regarding the IFB and/or the competitive procurement process must be directed to Craig Lee of the

Department’s Purchasing Section at craig.lee@doc.mo.gov.

1.7 Contact:

1.7.1 Vendors are cautioned not to contact any other employees of the Department of Corrections concerning this procurement during the competitive and evaluation processes. Inappropriate contacts are grounds for exclusion from this or future bidding opportunities.

https://missouribuys.mo.gov/contractboard mailto:jessica.poschel@doc.mo.gov

1.8 Glossary of Terms and Acronyms:

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

1.8.2 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 all necessary labor, services, equipment and parts to undertake and perform grease interceptor/sludge trap cleaning services on an as needed basis in accordance with any and all applicable local, state, and federal regulations. The contractor shall date and replace service stickers on all grease traps if applicable. During the requested times of service, the maintenance superintendent or a designated Department employee will be onsite. It is estimated that the contractor will be required to provide services on a quarterly basis.

2.1.2 The contractor shall be responsible for reporting any deficiencies in the condition of the grease interceptor/traps cleaned and their associated piping, dip legs, covers and other equipment needed for proper operation of the grease interceptor/traps.

2.1.3 Cleaning must not interfere with the operation of the kitchen or other institutional activities at the institution. The grease interceptor/traps must be returned to normal service after cleaning.

2.1.4 The debris from the cleaning must be disposed at the contractor's expense in a manner that complies with all applicable local, county, state and federal laws, regulations and other limitations on such disposal.

2.2 Equipment Requirements:

2.2.1 The contractor shall provide trucks capable of loading with their pumps and, if required, snaking out the waste line to ensure the system is operating properly. "Jetter" trucks are acceptable to use, and there shall be no additional fees to the Department for their use.

2.2.2 At no time shall the contractor leave any tools or supplies unattended. Missing tools or supplies must be immediately reported to the Department. All tools, supplies, and equipment must be secured at the end of each day.

2.3 Grease Trap Pumping/Cleaning Requirements:

2.3.1 The contractor shall completely pump out and thoroughly clean the grease interceptor/traps. The cleaning of grease interceptor/traps shall include:

a. Skimming the entire grease cap and debris from the top of the interceptor/trap.

b. Scrape grease from all sides, surfaces, and remove all congealed grease deposits from the interceptor/traps either by manual scraping or by the use of a "jetter" truck.

c. Remove all remaining solids from the bottom of the interceptor/trap.

d. Vacuum water out of the interceptor/trap.

e. Make sure the interceptor/trap is completely clean, and the entire contents removed.

f. Make sure the baffle is secure and in place.

g. Inspect the interceptor/trap for any cracks or defects.

h. Check that the sanitary "Ts" on the inlet and outlet sides of the interceptor/trap compartments are not clogged, loose, or damaged. Notify the maintenance superintendent if damage or missing parts are observed.

i. If interceptor/trap is equipped with a sample box, open it and clean the box.

j. Check that manhole covers are securely and properly seated after completion of cleaning. Reinstall bolts to secure manhole covers.

k. Clean grease spills on the ground that might occur during the cleaning.

l. In a large spill occurs, protect the storm drain and clean it up immediately using the driest method possible (e.g.

grease/oil absorbent pads).

2.3.2 In the event the grease in the interceptor/trap is hardened, the contractor shall not add pumped water back to the interceptor/trap to facilitate the pumping and cleaning process. No back flushing will be tolerated.

2.3.3 The contractor shall not return wastewater from a grease hauler truck back into the grease interceptor/trap after it is vacuumed out (decanting).

2.3.4 The contractor shall meet all DOT, OSHA, EPA, FDA, St. Louis County Health Department, as well as local state and federal regulations pertaining to the pumping, hauling, and disposal of grease interceptor/trap waste.

2.3.5 The contractor shall monitor each interceptor/trap identified in this contract to justify, advise and recommend to the maintenance superintendent or designated Department employee of any changes in the pumping frequency, hauling, or disposal methods or practices set forth in this contract which would benefit the Department by reducing costs, liability, maintenance expenses, emergencies, accidents or otherwise to remain in compliance with all local, state and federal laws and regulations pertaining to waste minimization; thereby, acting in such a manner to minimize the amount of toxicity of waste generated.

2.3.6 No additives shall be introduced unless approved by the appropriate governmental agency. No additives that later solidify or negatively affect sewer lines, pump stations, or treatment plants shall be used.

2.4 Documentation:

2.4.1 The contractor shall provide the appropriate non-hazardous waste manifest with all services and shall comply with all governmental regulatory agencies. The contractor shall have a multi-part manifest. Such manifest shall require signatures from the generator, transporter, and receiver in order to maintain and establish accountability. The contractor shall ensure the manifest form used to document the transportation and disposal of the interceptor/trap waste generated in St. Louis County contains the following information:

a. Generator document information shall include: name and physical address of the facility, volume of waste pumped (gallons), date and time of pumping activity, signature of authorized representative and the maintenance superintendent or designated Department employee, and the size of separator (trap) in gallons, One (1) copy of the manifest shall be left with the maintenance superintendent or designated Department employee who signed it.

b. Transporter/hauler document information shall include: name and physical address of company, permit number, name and signature of driver with date of pumping activity, type of waste, quantity pumped (gallons) and truck capacity (gallons).

c. Receiver/Facility document information shall include: name and physical address of facility, permit number, volume of waste received, date and time waste received, signature of authorized facility representative.

2.4.2 The contractor shall ensure that the disposal facility/receiver has furnished the Department with a complete permit number, volume of waste received, date and time of waste received, signature of authorized facility representative.

2.4.3 The contractor shall present an original copy of each manifest for each service no later than the 10th of the month following the month of service to the maintenance superintendent or designated Department employee. The copy will be used to reconcile the copy received from the disposal facility.

2.5 Payment and Invoicing Requirements:

2.5.1 All payment terms shall be as stated in the terms and conditions of this contract. Payments will be processed based on final delivery, inspection, and acceptance of the items/services.

2.5.2 The contractor shall accurately invoice per the price indicated on EXHIBIT A, Pricing Page.

2.5.3 If the Department issues a purchase order, an itemized invoice shall be emailed to doc.payables@doc.mo.gov or mailed to:

Accounts Payable/MECC Missouri Department of Corrections Fiscal Management Unit PO Box 236 Jefferson City, MO 65102

2.5.4 Each invoice submitted must be specific to one purchase order number, referenced on the invoice, and must be itemized in accordance with items listed on the purchase order. Failure to comply with this requirement may delay processing of invoices for payment. Emailed invoices should contain the purchase order number in the subject line.

2.5.5 If the state purchasing card (Visa) will be used for payment, an itemized invoice reflecting the charged amount must be faxed or emailed to the institution within one business day.

2.5.6 The contractor's invoice should include any discount for prompt payment as indicated on EXHIBIT A, Pricing Page.

2.5.7 If the contractor maintains an e-commerce web application that enables Department staff to view and print invoices and invoice history, the contractor shall indicate on EXHIBIT A, Pricing Page the web site address where Department staff may access invoices. Upon award of contract, the contractor shall provide the Department with a customer number in order for Department staff to access invoices and invoice history.

2.5.8 The contractor shall understand and agree the Department 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 update its vendor registration with its ACH-EFT payment information at:

https://MissouriBUYS.mo.gov. 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.

2.5.9 The Department may choose to use the state purchasing card (Visa) in place of a purchase order to make purchases under this contract. Unless exception to this condition is indicated on EXHIBIT A, Pricing Page, the contractor agrees to accept the state purchasing card as an acceptable form of payment and may not charge any additional fees related to the use of a purchasing card such as service fees, merchant fees, and/or handling charges. The state purchasing card shall not be charged until the items are received and accepted.

2.5.10 The Department does not pay state or federal sales tax. The Department shall not make additional payments or pay add-on charges.

2.5.11 Other than the payments specified above, no other payments or reimbursements shall be made to the contractor for any reason whatsoever including, but not limited to, taxes, lodging, per diem costs, shipping charges, insurance, interest, penalties, termination payments, attorney fees, liquidated damages, etc.

END OF PART TWO: SCOPE OF WORK

mailto:doc.payables@doc.mo.gov https://missouribuys.mo.gov/

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 Authorized Personnel/E-Verify:

3.4.1 For work performed under the contract, the contractor shall only employ personnel authorized to work in the United

States in accordance with applicable federal and state laws, including section 285.530 RSMo and Executive Order 07-

13. If the contractor employs personnel not authorized to work in the United States, the state shall have the right to cancel the contract immediately without penalty or recourse, and to pursue any other remedies permitted by the contract or by applicable state or federal law.

3.4.2 Prior to the performance of any services, a contractor meeting the definition of a business entity in section 285.525, RSMo, shall maintain enrollment and participation in the E-Verify Federal work authorization program with respect to the employees hired after enrollment in the program for work in connection with the contracted services included herein. If the contractor’s business status changes during the life of the contract to become a business entity as defined in section 285.525, RSMo, pertaining to section 285.530, RSMo, then the contractor shall enroll and participate in the E-Verify program.

3.4.3 The contractor shall only be required to provide the affidavits required in section 285.530.2, RSMo, to the state on an annual basis. https://purch.oa.mo.gov/vendor-information/affidavit-work-authorization-annual-renewal

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

3.5 Business Registration:

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

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

3.6 Data Breach:

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

3.7 Elected or Appointed Officials and Employees:

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

3.8 Indemnification:

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

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

3.9 Legal Proceedings:

3.9.1 For any legal action or other proceedings, per section 27.050 and section 27.060, RSMo, the Missouri Attorney General is given the authority to represent the State of Missouri’s interests. The venue for any legal proceeding relating to or arising out of the 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.

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

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

3.10 Negotiations:

3.10.1 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.

3.11 Invoicing and Payment:

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

3.12 Non-Appropriation of Funds:

3.12.1 The contractor understands and agrees that funds required to fund the contract must be appropriated by the General

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

3.13 Work Outside the United States:

3.13.1 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.

3.14 Open Records:

3.14.1 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.

3.15 Prison Rape Elimination Act (PREA) Requirements:

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

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

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

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

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

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

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

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

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

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

3.16 Protests:

3.16.1 Any 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.

3.17 Record Access:

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

3.18 State Preferences:

3.18.1 If the contractor’s awarded 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

3.19 Taxes:

3.19.1 The contractor must timely file and pay all Missouri sales, withholding, corporate and any other required Missouri tax returns and taxes, including interest and additions to tax. No contract shall be awarded to a vendor that does not meet the conditions of section 34.040.7, RSMo.

*****END OF TERMS AND CONDITIONS SECTION*****

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.

d. 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.

4.8.1 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.

https://oa.mo.gov/purchasing/vendor-information

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 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 Contractor Status:

4.11.1 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.

4.12 Coordination:

4.12.1 The contractor shall fully coordinate all contract activities with those activities of the state agency. As the work of the contractor progresses, advice and information on matters covered by the contract shall be made available by the contractor to the state agency or the Department throughout the effective period of the contract.

4.13 Estimated Quantities:

4.13.1 The quantities indicated in this Invitation for Bid are estimates that pertain to the total aggregate quantities that may be ordered incrementally at multiple times throughout the stated contract period. The estimates do not indicate single order amounts unless otherwise stated. The State of Missouri makes no guarantees about single order quantities or total aggregate order quantities.

END OF PART THREE: CONTRACTUAL REQUIREMENTS

5. RESPONSE SUBMISSION INFORMATION AND REQUIREMENTS

This section of the IFB includes information and instructions to the vendor that are integral to vendors submitting a solicitation response. The contents of this section are informational and instructional. Many of the instructional provisions require certain actions by the vendor in submitting a solicitation response.

5.1 Submission of Solicitation Response:

5.1.1 MissouriBUYS is the State of Missouri’s web-based statewide eProcurement system which is powered by MOVERS,( State of Missouri Bid Board - Bid Opportunities MOVERS | MissouriBUYS Statewide eProcurement System).

Vendors must submit their solicitation response as an electronic response. The electronic method of submission is explained briefly below and in more detail in the step-by-step instructions provided at MOVERS Bid Response Instructions | MissouriBUYS Statewide eProcurement System (This document is also on the Bid Board referenced above.) Be sure to include the solicitation/opportunity (OPP) number, company name, and a contact name on any attachments.

a. In order to become a registered vendor, the vendor can register by going to the MissouriBUYS Home Page referenced above, clicking the “Register” button at the top of the page, and completing the Vendor Registration.

b. The vendor is solely responsible for ensuring timely submission of their solicitation response. Failure to allow adequate time prior to the solicitation end date to complete and submit a response to a solicitation, particularly in the event technical support assistance is required, places the vendor and their response at risk of not being accepted on time.

c. NOTE: The vendor understands and agrees that regardless of any other reference herein which implies acceptance of other than electronic proposals, until otherwise notified by a subsequent addenda, only electronic proposals through MissouriBUYS can be accepted at this time.

5.1.2 The registered vendor must submit their sealed proposal electronically through MissouriBUYS, powered by MOVERS. Hardcopy proposals are not accepted. All proposals must (1) be submitted by a duly authorized representative of the vendor’s organization, (2) contain all information required by the IFB, and (3) be priced as required. Unless the IFB specifies otherwise, no other means of proposal submission, modification, or retraction or withdrawal shall be allowed.

a. Registered vendors must submit their proposal electronically through MissouriBUYS, powered by MOVERS by completing the applicable on-line pricing and by completing, attaching, and submitting all completed IFB Vendor Response Exhibits and all other contents of their proposal.