IFB DOC 0000000080SL.pdf

INVITATION FOR BID IFB DOC 00000000xxSL

Pest Control Services

FOR

Missouri Department of Corrections South Central Correctional Center

Contract Period:

Date of Award through One Year

Date of Issue:

September 18, 2026

Purchasing Section

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

Buyer of Record:

Craig Lee

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

Bids Must Be Received No Later Than:

2:00 p.m., Thursday, October 15, 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 ____________ Page 2

TABLE OF CONTENTS

This document, referred to as an Invitation for Bid (IFB), is divided into the following parts:

Section One: Introduction and General Information Section Two: Performance Requirements Section Three: General Contractual Requirements Section Four: Bid Submission, Evaluation, and Award Information EXHIBIT A - Pricing Page EXHIBIT B - Missouri Service-Disabled Veteran Business Enterprise Preference EXHIBIT C - Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization EXHIBIT D - Missouri Secretary of State Authorization to Transact Business EXHIBIT E - Miscellaneous Information EXHIBIT F - Current/Prior Experience EXHIBIT G - Business Compliance – Services Outside the United States

Terms and Conditions

END OF TABLE OF CONTENTS

IFB DOC ____________ Page 3

1. INTRODUCTION AND GENERAL INFORMATION

This section of the IFB includes a brief introduction and background information about the intended services for which the requirements herein are written. The contents of this section are intended for informational purposes and do not require a response.

1.1 Purpose:

1.1.1 This document constitutes a request for competitive bids for the provision of pest control services for the

Missouri Department of Corrections (hereinafter referred to as “Department”), South Central Correctional Center (hereinafter referred to as SCCC), as set forth herein.

1.2 General Information:

1.2.1 Terms and Conditions - It is recommended that all vendors review the Terms and Conditions governing this solicitation in its entirety, giving particular emphasis to examining those sections related to:

• Open Competition

• Preparation of Bids

• Submission of Bids

• Evaluation and Award

1.2.2 Funds – Expenditures from federal funds are not included in this contract.

1.3 Questions Regarding the IFB:

1.3.1 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, or both, (3) violate any state or federal law or regulation, (4) restrict or limit the requirements to a single source, or (5) restrict or limit the vendor’s ability to submit a bid.

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

b. All questions and issues should be submitted at least ten (10) working days prior to the due date of the bid. If not received prior to ten (10) working days before the bid due date, the Department may not be able to fully research and consider the respective questions or issues. Questions and issues relating to the IFB, including questions related to the competitive procurement process, must be directed to the Buyer of Record. It is preferred that questions be e-mailed to the Buyer of Record at craig.lee@doc.mo.gov.

c. The Department will attempt to ensure that a vendor receives an adequate and prompt response to questions, if applicable. 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 an IFB addendum as the questions and issues did not provide further clarity to the IFB. All vendors will be advised of any change to the IFB’s language, specifications, or requirements by a formal addendum to the IFB.

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

IFB DOC ____________ Page 4

1.4 Vendor Information:

1.4.1 The Missouri Department of Corrections has transitioned to the MissouriBUYS Powered by MOVERS eProcurement system. All vendors that sell products or services to the state, new or existing, are required to register or re-register on the MissouriBUYS website at https://missouribuys.mo.gov/supplier-registration. Please note if you are a current supplier you will need to select the “Already Registered” button. If you are a new supplier to the State of Missouri, you will need to select the “New to MissouriBUYS” button.

a. The vendor shall understand and agree that in order to be considered for a contract award, they must be registered in MissouriBUYS.

1.5 Non-Mandatory Site Tour:

1.5.1 Non-mandatory site tours are available by appointment. To make an appointment for a site tour, please contact Nichole Stagaman, SCCC Business Manager, at (573)374-4470, extension 1024, or at nichole.stagaman@doc.mo.gov, Monday through Friday, 8:00 a.m. to 4:00 p.m., at least four (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.

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

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

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

1.5.3 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.

1.5.4 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 Departments Purchasing Section at (573) 526-0591 or craig.lee@doc.mo.gov.

1.5.5 Vendors are strongly encouraged to advise the Department designee listed in paragraph 1.5.1, 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.

1.5.6 All questions regarding the IFB and/or the competitive procurement process must be directed to Craig Lee of the Department’s Purchasing Section at (573) 526-0591 or craig.lee@doc.mo.gov.

1.6 Background Information:

1.6.1 The SCCC is located at 255 West Highway 32 in Licking, Missouri. It is a minimum/medium/maximum security correctional facility that has the capacity to house 1,600 male offenders.

https://missouribuys.mo.gov/supplier-registration https://missouribuys.mo.gov/supplier-registration mailto:nichole.stagaman@doc.mo.gov

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1.6.2 The approximate total square footage of the area to be serviced is listed below.

Buildings Approximate Square Feet

Housing Units 1 through 7 66,374 Central Services Building All Food Areas (Canteen, Dining, Kitchen, Food Service Warehouse, and General Warehouse.)

62,000

Central Services Building Non Food Areas (i.e. Reception, Diagnostic, Medical, Education, Religious, Laundry, and Maintenance areas)

73,000

Administration Building 21,000 Power Plant 6,875 Maintenance Building 6,250 Training Trailers 3,600 Recycling Building 1,800 Tower One 540 Tower Two 1,862 Vehicle Maintenance Building 9,000

1.6.3 A current contract exists for the services being obtained via this IFB. The contract number is: Y24708002.

Viewing the contract – A copy of the contract can be viewed and printed from the State of Missouri’s statewide eProcurement system, MissouriBUYS, located on the internet at:

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

1.6.4 Although an attempt has been made to provide accurate and up-to-date information, the Department does not warrant or represent that the background information provided herein reflects all relationships or existing conditions related to the IFB.

END OF SECTION 1: INTRODUCTION AND GENERAL INFORMATION

https://missouribuys.mo.gov/contractboard

IFB DOC ____________ Page 6

2. PERFORMANCE REQUIREMENTS

This section of the IFB includes requirements and provisions relating specifically to the performance requirements of the Department. The contents of this section include mandatory requirements that will be required of the successful vendor and subsequent contractor. Response to this section by the vendor is requested in the Exhibit section of this IFB. The vendor’s response, whether responding to a mandatory requirement or a desired attribute will be binding upon the vendor in the event the bid is accepted by the Department.

2.1 General Requirements:

2.1.1 Upon receipt of an order from SCCC, the contractor shall provide pest control services for the facility and its perimeter located at 255 West Highway 32 Licking, Missouri, in accordance with the provisions and requirements stated herein and to the sole satisfaction of the Department. The word “control” is defined as the elimination of existing infestations and the prevention of re-infestation within practical limits as determined by the Department.

2.1.2 The contractor shall provide an appropriate level of service to keep the facility free of insects and pests throughout the contract period. Areas of the facility may include, but not limited to the following:

• Food preparation area and dining room;

• Food and commodity storage areas;

• Offender living quarters;

• Offices, Equipment, and Storage Closets;

• Culinary Arts Area;

• Warehouse/Canteen Areas;

• Break Rooms and Visiting Rooms.

2.1.3 The contractor shall provide services during normal business hours of 8:00 a.m. through 4:00 p.m., Monday through Friday, or at times mutually agreeable to the contractor and the Department. The contractor must perform all pest control services as required herein in a manner satisfactory to and acceptable by the Department in order to provide a pest free environment for the building(s), the building(s) contents, and the building(s) residents and employees. In the event that services are not satisfactorily performed, the contractor shall, within twenty-four (24) hours after notification, provide additional follow-up services at no charge to the Department.

2.1.4 The contractor shall report to the Department upon discovering any unusual pest-related problems or extensive infestations.

2.1.5 The contractor should periodically submit written recommendations to the Department to deal with pest problems other than by poison, baits, and traps. The Department shall review the recommendations and may, or may not, choose to implement the recommendations.

2.1.6 If the contractor finds it necessary to apply pesticides at a frequency greater than the expected residual activity of the chemical, an explanation justifying such a need must be submitted in writing to the Department.

2.1.7 The contractor shall agree and understand that the Department shall assign a contact person (hereinafter referred to as the “designated representative”). The Department reserves the right to have the designated representative accompany the contractor during the performance of the contractor’s duties as specified herein, as well as, any follow-up services for unsatisfactory performance. Prior to each service call, the contractor shall report to the designated representative to sign in and obtain any performance problem tickets indicating areas for follow-up service, etc.

2.1.8 The Department shall have the right to limit the number of personnel including subcontractors the contractor has on site at any one time.

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2.1.9 The contractor shall furnish skilled service, labor, supervision, delivery, materials, pest control substances, tools, equipment, insurance, permits and fees (if any) and include all effort necessary to perform pest control services in accordance with the requirements specified herein.

2.1.10 The contractor shall understand and agree that because the contractor did or did not attend a site tour and is or is not familiar with the equipment and the conditions that existed prior to award of the contract, the contractor shall not be relieved of the performance of the provisions and requirements specified herein.

2.2 Equipment and Supply Requirements:

2.2.1 The contractor must furnish and maintain in good repair all equipment necessary to perform the requirements of the contract. All equipment shall be commercial grade.

2.2.2 The contractor shall use chemicals that conform to federal, state, and local requirements. The contractor must be in compliance with all provisions of chapter 281 RSMo, Missouri Pesticide Use Act, applicable to the contractor’s service for the contract.

2.2.3 The contractor shall agree and understand that the Department shall have the right to approve/disapprove the use of any products, supplies, and/or materials (hereinafter also referred to as "products") used in the performance of the services required herein.

a. Environmentally Preferable - In the performance of the services required herein, the contractor should use environmentally preferable products unless specified elsewhere.

1) For the purposes of the contract, "environmentally preferable" shall be defined as those products that have a lesser or reduced effect on human health and the environment when compared with competing products that serve the same purpose. The comparison may consider raw materials acquisition, production, manufacturing, packaging, distribution, reuse/post-consumer content, operation, biodegradability, and pollution prevention through source reduction.

2.2.4 Prior to the contractor’s use of any product/chemical in the facility, the contractor shall provide a Material

Safety Data Sheet (MSDS) for each such product/chemical. The contractor must maintain a file of the MSDS with the Fire & Safety Officer on site. The MSDS shall become the property of the State of Missouri.

2.2.5 The contractor shall take all necessary precautions to prevent injury to humans and property and to prevent environmental damage. The contractor shall not use any products, supplies, or equipment which may be injurious or damaging to the surfaces upon which they shall be applied.

2.3 Specific Service Requirements:

2.3.1 The contractor shall perform a thorough inspection of all areas to be serviced prior to service initiation in order to become familiar with the areas of service and the requirements of each area.

2.3.2 Chemical pesticides and other pest controls shall be used in a safe manner and applied intelligently and comprehensively for efficient and effective pest control. The contractor shall not engage in experimental pest control efforts. Only proven and appropriate methods shall be used.

2.3.3 The contractor shall provide treatment to areas of the facility as outlined in section 2.3.8.

a. Treatment shall be defined as the application of chemical pesticides and products to surfaces of areas listed in section 2.1.2.

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2.3.4 The contractor shall provide pest control services using one, some or all of the below methods as necessary to provide optimum control. The contractor may use other methods of pest control upon approval by the Department. Any such methods shall be included in the prices specified on EXHIBIT A, Pricing Page.

a. Crack and Crevice treatment

b. Spot Application

c. Ultra-low volume application

d. Residual treatment

e. Insect baits (fly strips, glue traps, glue boards, etc.)

f. Covered bait stations for rodent control

2.3.5 The contractor shall provide pest control services necessary to control pests, including but not limited to, the following:

Rats (Indoor & Outdoor) Flies Water Bugs Spiders Mice (Indoor & Outdoor) Ants (all species) Fruit Flies (Gnats) Mosquitos Roaches (all species) Springtails Silverfish

2.3.6 The contractor shall treat all areas of the facility as needed to control pests. Areas requiring special attention include the following:

All food service areas All dining areas All canteen areas Warehouse (Food Service Section) Equipment and storage closets Culinary arts area

Break rooms and visiting rooms Recreational areas

Housing units Classroom areas

2.3.7 The contractor shall apply pesticides to all break rooms, food service areas, and warehouse areas only when these areas are not in use.

2.3.8 The contractor shall provide initial treatment of all specified areas and shall provide routine treatments in accordance with the minimum service schedule outlined herein. The contractor must coordinate the exact timing of routine services with the Department in order to pose the least disruption and discomfort to offenders and employees of the Department.

a. Bi-Monthly Service – Two (2) times each month, within the first and third week of each the month, the contractor shall treat the following areas from paragraph 1.6.2.

• Central Services Building All Food Areas: Canteen, Dining, Kitchen, Food Service Warehouse, and General Warehouse.

1) In addition, during one of the bi-monthly visits, the contractor shall remove old glue boards from any/all Genus fly units within the facility and replace them with new glue boards.

b. Quarterly Service – One (1) time every quarter, within the first ten (10) workdays of January, April, July, and October, the contractor shall treat all areas listed in paragraph 1.6.2 that are not being treated bi-monthly.

c. As Needed Service – There may be instances where treatment is needed beyond the schedules above. In these instances, the contractor shall treat the necessary areas that are affected as advised by the Department. The contractor shall report to the facility within three (3) days of notification by the Department.

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2.3.9 In the event that treatment is required to eliminate re-infestation, the contractor shall treat the entire facility to preclude the re-infestation of pests.

2.3.10 The contractor shall alternate chemicals used for subsequent treatments to preclude possible resistance by pests to a particular chemical. The contractor shall not use poison or poisonous bait for rodent control.

2.3.11 The contractor shall perform all services in a safe manner and in accordance with the most modern and professional pest control procedures recommended by the National Pest Control Association.

2.3.12 The contractor must be in compliance with chapter 281 RSMo, Missouri Pesticide Act of 1974, and license and certification shall be for the category applicable to the service(s) required.

2.4 Personnel and Safety Requirements:

2.4.1 The contractor shall be a Missouri Department of Agriculture Pesticide Program company or a certified pesticide technician. All technicians employed by the contractor to provide services under the contract shall be appropriately trained and hold a current Pesticide Technician License from the Missouri Department of Agriculture for the applicable categories of application. The contractor shall assume all professional liability regarding the safe application of pesticides.

2.4.2 The contractor shall follow the requirements set forth by the current Occupational Safety and Health Act

(OSHA). The contractor shall equip their workers with the necessary protective gear and any equipment protective devices as mandated by this commission. The contractor shall be responsible to see that their workers implement these measures and the contractor shall make periodic checks to confirm compliance with this law. The contractor shall be responsible for and pay any fines imposed by the OSHA commission due to failure of the contractor to follow the law.

2.4.3 The contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the services. The contractor shall take all necessary precautions for the safety of and shall provide the necessary protection to prevent any damage, injury, or loss to:

• All employees providing services and other persons who may be affected thereby;

• All the services and materials or equipment to be incorporated therein;

• Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, etc.

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

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

2.4.6 The contractor, or the contractor’s personnel designated as a representative of the contractor (hereinafter referred to as the “contractor contact person”), must be available during normal business hours (8:00 a.m.

to 4:00 p.m.) for telephone conversations and/or meetings with personnel from the Department and/or the designated representative regarding the pest control services.

a. Such contractor contact person must have the express authority to speak on behalf of the contractor and make decisions on behalf of the contractor.

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b. By no later than ten (10) days after the award of the contract, the contractor shall provide the Department and/or the designated representative with the name, address, and telephone number for the contractor contact person.

2.4.7 The contractor’s personnel shall only be allowed in work areas to which they are assigned. If rest breaks are necessary, the contractor’s personnel shall only take rest breaks in pre-assigned areas. The contractor’s personnel shall not loiter in the facility nor smoke anywhere in the facility, including any interior loading dock area.

2.4.8 The contractor must ensure that each of the contractor’s assigned personnel are reasonably dressed and groomed while on site, are wearing an article of clothing identifying the contractor, and have a visible photo identification tag at all times.

2.4.9 The contractor and/or the contractor’s personnel must sign-in immediately upon arrival and prior to any services being provided and sign-out prior to leaving the facility. The contractor must provide the sign-in/sign-out sheets. In addition, the sign-in/sign-out sheets must remain at a location designated by the Department or the designated representative.

2.4.10 The contractor shall neither use nor allow the contractor’s personnel to use any Department telephones or equipment in the facility.

2.5 Reporting Requirements:

2.5.1 Upon performing any service required herein, the contractor shall present a report to the Department’s designated representative indicating areas serviced, infestation(s) present, and the corrective action taken.

2.5.2 The contractor shall inform the Department’s designated representative regarding safety precautions, if any, that should be exercised when using a recently treated area.

2.6 Criminal Justice Information Systems (CJIS) Security Awareness

2.6.1 Criminal Justice Information is any information collected by the FBI (Federal Bureau of Investigation), MSHP (Missouri State Highway Patrol) and other criminal justice entities and includes personally identifiable information. It includes ALL information viewed directly from state and federal systems and also data obtained from those sources.

2.6.2 All Criminal Justice Information is sensitive information and is privileged.

2.6.3 If the contractor acquires any Criminal Justice Information by virtue of the performance of this contract, regardless of the method of acquisition, the contractor is not authorized to use or disseminate the information in any form.

2.6.4 The contractor must not, at any time, directly or indirectly disclose any Criminal Justice Information learned during the performance of this contract.

2.6.5 Unauthorized access, use, or dissemination of CJIS data is unlawful, and may result in the imposition of administrative sanctions and/or state/federal criminal penalties. If the contractor has information to indicate this has occurred, the contractor must report it to the Department of Corrections.

2.6.6 Misuse of official information is a Class A Misdemeanor. Section 576.050.2 of the Revised Statute of

Missouri states, “A person commits the offense of misuse of official information if he or she recklessly obtains or discloses information from the Missouri uniform law enforcement system (MULES) or the National Crime Information Center System (NCIC), or any other criminal justice information sharing system that contains individually identifiable information for private or personal use, or for a purpose other than in connection with their official duties and performance of their job.”

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2.7 Invoicing and Payment Terms:

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

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

Accounts Payable/SCCC

Fiscal Management Unit PO Box 236 Jefferson City, MO 65102

2.7.3 Each invoice submitted must be specific to one purchase order number, referenced on the invoice, and must be itemized in accordance with services 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.

2.7.4 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.

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

2.7.6 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.

2.7.7 Prior to any payments becoming due under the contract, the contractor must update their vendor registration with their ACH-EFT payment information at https://missouribuys.mo.gov/.

2.7.8 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 services.

2.7.9 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.

2.7.10 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.

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

mailto:doc.payables@doc.mo.gov

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2.7.12 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 SECTION 2: PERFORMANCE REQUIREMENTS

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3. GENERAL CONTRACTUAL REQUIREMENTS:

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

3.1 Contractual Requirements:

3.1.1 Contract - A binding contract shall consist of: (1) the IFB, 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 Department does not constitute an authorization for shipment of parts or supplies or a directive to proceed with services. Before providing parts, supplies, and/or services for the Department, the contractor must receive a properly authorized purchase order or other form of authorization given to the contractor at the discretion of the Department.

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

c. Any change to the contract, whether by modification and/or supplementation, must be accomplished by a formal contract amendment signed and approved by and between the duly authorized representative of the contractor and the 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.

3.1.2 Contract Period - The original contract period shall be as stated on the Notice of Award. The contract shall not bind, nor purport to bind, the Department 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 the renewal period pursuant to applicable option clauses of this document.

3.1.3 Renewal Periods - 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 percentage increase or be less than the minimum percentage decrease quoted for the applicable renewal period stated on EXHIBIT A, Pricing Page of the contract.

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

b. In addition, the contractor shall understand and agree that renewal period price increases specified in the contract are not automatic. At the time of contract renewal, if the Department 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 Department 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.

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3.1.4 Contract Price - All prices shall be as indicated on EXHIBIT A, Pricing Page. The Department shall not pay nor be liable for any other additional costs including but not limited to taxes, shipping charges, insurance, interest, penalties, termination payments, attorney fees, liquidated damages, etc.

3.1.5 Changes in Square Footage - Upon the issuance of a formal contract amendment signed and approved by and between the duly authorized representatives of the contractor and the Department, the Department may change, add to, or delete areas of the facility for which the contractor shall provide services.

a. A cost per square foot will be determined based on the original bid price divided by the total square footage serviced. The cost will be increased or decreased as applicable by multiplying the calculated cost per square foot by the area added to or subtracted from the serviced area.

3.1.6 Contract Audits - The Department reserves the right to investigate and/or audit the prices charged by the contractor to the Department, with or without notice to the contractor, at the expense of the Department.

If it is determined that the contractor has charged prices to the Department in excess of those agreed upon in the contract, the Department shall consider this just cause for cancellation of the contract in its entirety, which may result in the contractor’s removal from the list of eligible vendors who may do business with the Department.

3.1.7 Termination - The Department reserves the right to terminate the contract at any time, for the convenience of the Department, without penalty or recourse, by giving written notice to the contractor at least thirty

(30) calendar days prior to the effective date of such termination. The contractor shall be entitled to receive compensation for services and/or supplies delivered to and accepted by the Department pursuant to the contract prior to the effective date of termination.

a. Notices – Any written notice to the contractor shall be deemed sufficient when emailed to the contractor at the email address designated in the contract, or to an email address the contractor may have requested in writing, or deposited in the United States mail, postage prepaid and addressed to the contractor at the address designated in the contract, or at an address the contractor may have requested in writing

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

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

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

3.1.9 Insurance - The contractor shall understand and agree that the Department 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 Department, its divisions, its employees, its clients, and the general public against any such loss, damage and/or expense related to his/her performance under the contract. Self-insurance coverage or another alternative risk financing mechanism may be utilized provided that such coverage is verifiable and irrevocably reliable and the Department is protected as an additional insured.

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a. In the event any insurance coverage is canceled, the Department must be notified at least thirty

(30) calendar days prior to such cancellation.

3.1.10 Subcontractors - The contractor must obtain the approval of the Department prior to establishing any subcontracting arrangements and before changing any approved subcontractors. The approval shall not be arbitrarily withheld.

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

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

a. If the contractor is found to be in violation of this requirement or the applicable state, federal and local laws and regulations, and if the Department has reasonable cause to believe that the contractor has knowingly employed individuals who are not eligible to work in the United States, the Department shall have the right to cancel the contract immediately without penalty or recourse and suspend or debar the contractor from doing business with the Department. The Department may also withhold up to twenty-five percent (25%) of the total amount due to the contractor.

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

3.1.13 Contractor’s Employees - The contractor and all of the contractor’s employees and agents providing services in any Department of Corrections institution must be at least 18 years of age. A Missouri Uniform Law Enforcement System (MULES) check or other background investigation may be required on the contractor, the contractor’s employees and agents before they are allowed entry into the institution. The contractor, its employees and agents understand and agree that the Department may complete criminal background records checks annually for the contractor and the contractor’s employees and agents that have the potential to have contact with inmates.

a. The institution shall have the right to deny access into the institution for the contractor and any of the contractor’s employees and agents for any reason, at the discretion of the institution.

b. The contractor, its employees and agents under active federal or state felony or misdemeanor supervision must receive written division director approval prior to providing services pursuant to a Department contract. Similarly, contractors/employees/agents with prior felony convictions and not under active supervision must receive written division director approval in advance.

c. The contractor, its employees and agents shall at all times observe and comply with all applicable state statutes, Department rules, regulations, guidelines, internal management policies and procedures, and general orders of the Department that are applicable, regarding operations and activities in and about all Department property. Furthermore, the contractor, its employees and agents, shall not obstruct the Department or 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 Department's policies and procedures relating to employee conduct.

d. The Department 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 abuse and consensual sex.

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1) Any contractor or contractor’s employee or agent who witnesses any form of sexual misconduct must immediately report it to the warden of the institution. If a contractor or contractor’s employee or agent fails to report or knowingly condones sexual harassment or sexual contact with or between offenders, the Department may cancel the contract, or at the Department’s sole discretion, require the contractor to remove the employee/agent from providing services under the contract.

2) Any contractor or contractor's employee or agent who engages in sexual abuse shall be prohibited from entering the institution and shall be reported to law enforcement agencies and licensing bodies, as appropriate.

e. The contractor, its employees and agents shall not interact with the offenders except as is necessary to perform the requirements of the contract. The contractor, its employees and agents shall not give anything to nor accept anything from the offenders except in the normal performance of the contract.

f. If any contractor or contractor’s employee or agent is denied access into the institution for any reason or is denied approval to provide service to the Department for any reason stated herein, it shall not relieve the contractor of any requirements of the contract. If the contractor is unable to perform the requirements of the contract for any reason, the contractor shall be considered in breach.

3.1.14 Contractor Status - 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.

3.1.15 Coordination - The contractor shall fully coordinate all contract activities with those activities of the

Department. 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 Department or the Department’s Purchasing Section throughout the effective period of the contract.

3.1.16 Delivery Performance - The contractor and/or the contractor's subcontractor(s) shall deliver products/services in accordance with the contracted delivery times stated herein to the Department upon receipt of an authorized purchase order or P-card transaction notice.

3.1.17 Property of State - All documents, data, reports, supplies, equipment, and accomplishments prepared, furnished, or completed by the contractor pursuant to the terms of the contract shall become the property of the Department. Upon expiration, termination, or cancellation of the contract, said items shall become the property of the Department.

3.1.18 Confidentiality - The contractor shall agree and understand that all discussions with the contractor and all information gained by the contractor as a result of the contractor’s performance under the contract shall be confidential and that no reports, documentation, or material prepared as required by the contract shall be released to the public without the prior written consent of the Department

3.1.19 Liability - The contractor shall agree that the Department shall not be responsible for any liability incurred by the contractor or the contractor's employees arising out of the ownership, selection, possession, leasing, rental, operation, control, use, maintenance, delivery, return, and/or installation of equipment provided by the contractor, except as otherwise provided in the contract.

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3.1.20 Contractor Equipment Use - Title to any equipment required by the contractor for services shall be held by and vested in the contractor. The Department shall not be liable in the event of loss, incident, destruction, theft, damage, etc., for the equipment including, but not limited to, devices, wires, software, technical literature, etc. It shall be the contractor’s sole responsibility to obtain insurance coverage for such loss in an amount that the contractor deems appropriate.

3.1.21 Hazard Communication Safety Data Sheets and Labeling Requirements - The Department, in accordance with the revised rules and regulations of the Occupational Safety and Health Administration (OSHA) requires that all hazardous chemicals and other appropriate commodities purchased by the Department must contain a safety data sheet and warning labels with each shipment/delivery compliant with OSHA’s Hazard Communication Standard. Therefore, the contractor must comply with this mandatory requirement for all commodities provided under contract that contain hazardous material. The contractor’s Safety Data Sheets shall comply with the OSHA uniform formatting requirements that became effective June 1, 2015, and the contractor’s Safety Data Sheets shall always comply with any changes to those OSHA requirements. Failure to comply with this requirement may cause cancellation of the contract with goods returned at the contractor's expense as well as suspension from the solicitation list for future requirements.

3.1.22 Because the contractor was familiar with the facility and the conditions that existed prior to award of the contract, the contractor shall not be relieved of responsibility for performance under the contract for any reason whatsoever.

END OF SECTION 3: GENERAL CONTRACTUAL REQUIREMENTS

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4. BID SUBMISSION, EVALUATION AND AWARD INFORMATION

4.1 Submission of Bids:

4.1.1 In order for the vendor to submit their bid in MissouriBUYS, powered by MOVERS in a “Prospective” or

“Spend Authorized” registration status. The vendor must achieve “Approved” registration status in MissouriBUYS (WebProcure/Proactis) and “Spend Authorized” registration status in MissouriBUYS, powered by MOVERS in order to be considered for a contract award. MissouriBUYS, powered by MOVERS is the State of Missouri’s web-based procurement system located at https://www.missouribuys.mo.gov. Detailed instructions pertaining to vendor registration can be found at:

https://missouribuys.mo.gov/media/pdf/vendor-registration-instructions.

4.1.2 The REGISTERED VENDOR MUST SUBMIT THEIR SEALED BID ELECTRONICALLY THROUGH MISSOURIBUYS, POWERED BY MOVERS. All bids 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 bid submission, modification, or retraction or withdrawal shall be allowed.

a. Registered vendors must submit their bid 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 (including Cover page, Exhibit A Pricing Page and all other exhibits) and all other contents of their bid.