IFB DOC 0000000081SL TCC Vending.pdf

INVITATION FOR BID

IFB DOC 0000000081SL

Vending Machine Services

FOR

Department of Corrections Tipton Correctional Center

Contract Period:

December 1, 2026 through November 30, 2027

Date of Issue: October 1, 2026

Missouri Department of Corrections 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 29, 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/

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TABLE OF CONTENTS

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

Section 1: Introduction and General Information Section 2: Performance Requirements Section 3: General Contractual Requirements Section 4: Bid Submission, Evaluation, and Award Information EXHIBIT A: Pricing Page EXHIBIT B: Missouri Service-Disabled Veteran Business Enterprise Preference EXHIBIT C: Refund Procedure and Familiarity of Buildings EXHIBIT D: Current/Prior Experience EXHIBIT E: Miscellaneous Information Terms and Conditions Attachment 1 List of Equipment Attachment 2 Approved Products

END OF TABLE OF CONTENTS

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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 The Missouri Department of Corrections (hereinafter referred to as the Department) is accepting competitive, sealed bids to establish a contract for vending machine services for Tipton Correctional Center (hereinafter referred to as TCC) located at the following address.

Tipton Correctional Center 619 N. Osage Ave.

Tipton, MO 65081

1.2 Questions Regarding the IFB:

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

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 with 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 amendment(s); absence of such response indicates that the questions and issues were considered but deemed unnecessary for an IFB amendment 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 amendment to the IFB.

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

1.3 Vendor Information:

1.3.1 The Missouri Department of Corrections is transition to the MissouriBUYS Powered by MOVRES 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” mailto:craig.lee@doc.mo.gov https://missouribuys.mo.gov/supplier-registration

IFB DOC 0000000081SL Page 4 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.

1.4 Background Information:

1.4.1 The TCC is a minimum-security prison that has a housing capacity of 796 male offenders

1.4.2 Estimated Gross Sales – Gross sales at TCC average approximately $57,855.00 per year. Future sales are not guaranteed.

1.4.3 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.

1.4.5 A current contract exists for the services being obtained via this IFB. The contract number is Y24708070.

a. 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.

1.5 General Information:

1.5.1 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

• Submission of Bids

• Preparation of Bids

• Evaluation and Award

1.6 Tour of Facility:

1.6.1 The vendor may tour the facility prior to submitting a bid for vending machine services. Any vendor wishing to tour the facility must contact Laura Sanning, Business Manager/designee at (660) 433-2031, extension 2011, Monday through Friday, 7:00 a.m. to 3:30 p.m., at least four (4) days prior to desired tour date.

1.6.2 Any potential vendor interested in participating in a tour of the facility must provide the full name and valid

Missouri driver’s license number of each individual planning to attend a facility tour. If the vendor does not have a valid Missouri driver’s license, their social security number and date of birth are required.

a. Each potential vendor is limited to two (2) individuals at a tour of the facility.

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

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

e. Other than the questions related to the tour, all questions regarding the Invitation for Bid and/or the competitive procurement process must be directed to Procurement Officer at (573) 526-0591 or craig.lee@doc.mo.gov.

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

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1.6.3 A tour of the facility is not required in order to submit a bid. Each vendor is solely responsible for a prudent and complete inspection, examination, and assessment of the work site conditions, facilities and/or other existing condition, factor, or item that may affect or impact on the performance or service described and required by the contractual requirements. The vendor shall not be relieved of responsibility for performance under the contract for any reason whatsoever, including, but not limited to; (1) the vendor’s failure to tour the facility, and (2) the vendor’s failure to observe existing conditions, etc.

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

END OF SECTION 1: INTRODUCTION AND GENERAL INFORMATION

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2. PERFORMANCE REQUIREMENTS

2.1 Equipment and Supplies:

2.1.1 The contractor shall provide, install and maintain all equipment listed on ATTACHMENT 1, List of

Equipment. TCC reserves the right to request additional machines or the removal of machines to meet the needs of the Department.

a. All equipment provided by the contractor shall be in new or first class condition.

b. The contractor must maintain the equipment at high standards of cleanliness. All vending machines must be National Sanitation Foundation (NSF) approved.

c. The contractor must maintain the equipment at high standards of quality and dependability with minimal malfunctions or breakdowns.

d. Change machines must be able to accept old and new currency of one, five, ten and twenty dollar bills and must dispense quarters or $1 coins.

2.1.2 Snack machines must have a minimum of twenty (20) large slots and twenty (20) small slots unless the designated area for that machine will only accommodate a smaller sized machine. Any snack machine that does not meet the minimum capacity of twenty (20) large slots and twenty (20) small slots must have pre-approval by the Business Manager/designee before being installed.

2.1.3 All vending machines shall accept bills (at least $1.00) and coins ($.05, $.10, $.25 and $1.00), and credit/debit cards, unless authorized by the facility designee.

a. The contractor may impose a $0.10 processing fee for each credit/debit card used. The cost of this fee must be posted on all machines.

b. The contractor shall provide the required wireless Wide Area Network (WAN) hardware and software necessary for the credit/debit card equipment, and supplies necessary to perform the services required herein.

2.1.4 All beverage vending machines shall be Energy Star rated, or the contractor shall supply and install a top mounted energy conservation device (i.e. Vending Miser) for each beverage machine listed on ATTACHMENT 1, List of Equipment.

2.1.5 The contractor shall provide individually packaged serving size condiments (ketchup, mustard, mayonnaise, napkins, pepper, salt and sporks) for condiment bars as indicated on ATTACHMENT 1, List of Equipment. Stock must be maintained at an adequate level.

2.1.6 The contractor must provide non-dairy creamer, sugar, sugar substitute, and stirrers for the hot beverage machine. Stock must be maintained at an adequate level.

2.1.7 The contractor must provide and maintain microwaves and change machines where listed on

ATTACHMENT 1, List of Equipment.

2.1.8 No vending machines shall be set to a “forced vend” setting but must be able to instantly provide a refund if the item selected is out of stock.

2.1.9 All vending machines shall be equipped with a non-resettable meter to facilitate accounting and audit requirements.

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2.1.10 The contractor must provide trained and competent repair personnel who must be available within one (1) working day to make repairs on the vending machines, as needed. The contractor shall immediately notify the Business Manager/designee of when the vending machines have been repaired or a timeline if repairs are unable to be made within one (1) working day.

2.1.11 The Department will provide all necessary utilities.

2.1.12 TCC reserves the right of final approval of all equipment installed in the facility.

2.2 Security:

2.2.1 At no time shall the contractor or contractor’s personnel leave any merchandise, change, cash or unlocked machines unattended. The Department shall not be held responsible for any loss incurred by the contractor for unattended merchandise, change, cash or machines left unlocked. Any such loss shall not relieve the contractor from any requirements of the contract.

2.2.2 The contractor understands and agrees the Department will never be responsible for any intentional unlawful loss of merchandise or any accidental loss of merchandise from vending or change machines at any time.

2.2.3 The contractor understands the Department will not provide any oversite or security of the contractors’ vending machines.

2.3 Item Selection:

2.3.1 There shall be no items categorized as “energy drinks” for sale in any vending machine at TCC.

2.3.2 The contractor shall understand and agree the only products offered will be as stated on ATTACHMENT

2, Approved Products, with the exception of “Vendor’s Choice” products as provided for in paragraph 2.3.4.

2.3.3 Duplication of products in snack machines is permissible if required by sales volume. Duplication of more than two (2) slots must be approved by the Business Manager/designee.

2.3.4 Vendor’s Choice - The contractor is allowed up to two (2) Vendor’s Choice slots per snack machine and one (1) Vendor's Choice slot per cold food machine. Vendor’s Choice slots are exempt from the requirements of section 2.3.2. The contractor may use Vendor’s Choice slots for new products.

a. Vendor’s Choice products must meet any security requirements imposed by TCC. Vendor’s Choice products must be preapproved by the Business Manager/designee before being made available in the machines.

b. If requested by the Business Manager/designee, the contractor must change a Vendor’s Choice product.

c. The contractor may provide itemized sales information of Selling Price. Addition of products to

ATTACHMENT 2, Approved Products, must be by written contract amendment.

2.3.5 All products shall be fresh and of retail quality. Outdated or short dated products are not acceptable.

2.3.6 Size – Size shall be as specified or within the range listed on ATTACHMENT 2, Approved Products.

2.3.7 Packaging – All items shall be individually packaged for resale. Glass containers and food containers with metal pop-tops are not acceptable.

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2.3.8 All items specified herein shall be processed, packaged and delivered in accordance with all local, state and federal regulations and the requirements of the Federal Food, Drug and Cosmetic Act to include regulations promulgated thereunder.

2.3.9 The contractor shall provide two (2) vending slots per snack machine located in the Visiting Room for picture blocks. The contractor shall understand that the picture blocks are a free service; prices for the picture blocks shall be set by the TCC. Once a month, the contractor shall issue a check for the amount of one hundred percent of the picture block gross sales to TCC, made payable to Canteen Fund. The picture block gross sales shall be deducted from the gross vending sales prior to the commission payment being calculated.

2.4 Delivery Performance:

2.4.1 The contractor shall deliver and stock all vending machines on a regular basis. The contractor shall coordinate delivery days and times with the Business Manager/designee.

2.4.2 The Business Manager/designee reserves the right to increase/decrease the frequency of deliveries.

2.4.3 The contractor and all of the contractor’s employees shall follow the facility's standard operating procedures regarding sign in/out when entering and exiting the facility.

2.4.4 All products shall be delivered FOB Destination, Prepaid and Allowed.

2.5 Taxes:

2.5.1 The contractor shall be responsible for all federal, state, and local taxes attributable to the vending equipment as well as sales tax for product sold.

2.6 Licenses:

2.6.1 The contractor must maintain all necessary permits, licenses, etc. for the operation of a vending service.

2.7 Commission Rate:

2.7.1 The firm fixed commission rate shall apply to all sales in all machines with the exception of items referenced in section 2.3.9. The contractor shall pay the firm fixed commission rate as stated on EXHIBIT A, Pricing Page on all gross sales per vending unit.

2.8 Commission Payment:

2.8.1 The contractor shall submit the correct commission payment no later than the 15th of each month for the previous month’s sales.

a. For vending machines that are located in the offender visiting room, sixty percent (60%) of the commission rate payment shall be made payable to the "Canteen Fund", forty percent (40%) of the commission rate payment shall be made payable to the "TCC Personnel Club".

2.8.2 The commission payment shall be made by company check, bank check, cashier’s check or money order and shall be hand delivered or sent by certified mail or some other traceable courier service to a section or individual designated by the Business Manager. Any hand delivered commission checks must be delivered person-to-person to the individual(s) designated by the Business Manager/designee and shall not be left under a door, on a desk, with the receptionist, etc.

a. If a commission check is returned to the TCC for insufficient funds and if requested by the

Department, the contractor shall provide a cashier’s check or money order for the correct

IFB DOC 0000000081SL Page 9 commission payment as well as the reimbursement of any bank charges for the returned check fee(s).

b. If a commission check is returned to the TCC for insufficient funds, the Department reserves the right to require a cashier’s check or money order for the correct commission payments from the contractor for any subsequent commission checks.

2.8.3 The contractor must include with the commission check a detailed report of sales by vending machine including machine number, product, and beginning and ending reading of all transaction counters.

2.8.4 Transaction counters replaced due to maintenance/repair issues shall be reported on the detailed sales report under the corresponding machine as follows:

• beginning and ending reading;

• date removed from the vending machine; and

• the replacement transactions counter beginning and ending reading.

2.8.5 Taxes, license fees and other expenses, except those specifically listed herein, are the responsibility of the contractor and shall not be deducted from the commission payment.

2.9 Receipt of Refund:

2.9.1 Within ten (10) days of the contractor’s receipt of a refund request, the contractor shall provide the requested refund to the customer.

2.10 Inspections and Audits:

2.10.1 Each time vending machines are restocked, serviced, or otherwise attended by the contractor, the contractor agrees a representative of the site may conduct a vending count to record the number of sale items in the vending machines prior to and/or following any restocking.

a. If a handheld electronic device is used by the contractor to gather sales information, the machine counters must be functional and visible for the Business Manager/designee of the site to verify or record the number of sale items.

2.10.2 The contractor agrees and understands that the Department and/or any appropriate state/federal agency may examine (audit) all pertinent books, documents, papers, and records of the contractor as they relate to the requirements of the contract, and shall make such available upon request.

a. The contractor must use Generally Accepted Accounting Principles as promulgated by the

American Institute of Certified Public Accountants.

b. The contractor shall retain all records relating to the contract for five (5) years, or such time as prescribed by law, after the close of the fiscal year in which the contract expires/terminates. Such records may be destroyed at the end of the five (5) year period if the Department has been notified in writing by the contractor and written approval to destroy the records has been received from the Department. In all cases where audit questions have arisen before the expiration of the five-year period, records shall be retained until resolution of such.

c. The contractor shall retain records which relate to appeals, litigation of the settlement of claims arising out of performance of the contract and costs and expenses of the contract to which exception has been taken by the Department until such time as the appeal, litigation, claim, or exception has been resolved.

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d. Failure by the contractor to maintain and make available appropriate records shall constitute a material breach of the contract.

2.10.3 On any given business day, the Department may request the contractor or one of the contractor’s representatives to appear at the location and open any or all vending machines and permit a Department representative to count and determine the amount of money in any or all of the vending machines at the location. The Department will give a minimum of four (4) hours notice of each inspection.

2.11 Transition:

2.11.1 Upon award of a contract, the contractor shall work with TCC, and any other provider designated by TCC to ensure an orderly transition of services under the contract and to ensure uninterrupted service.

2.11.2 Upon expiration, termination, or cancellation of the contract, the contractor shall assist TCC and any other provider designated by TCC to ensure an orderly transition of services and responsibilities under the contract and to ensure uninterrupted service.

a. If requested, the contractor shall agree to continue providing any or all of the services in accordance with the terms and conditions, requirements, specifications, and payment provisions of the contract for a period not to exceed one hundred eighty (180) calendar days after the expiration date of the contract or until a new contract is established.

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 and any amendments thereto, (2) the contractor’s response (bid) to the IFB, (3) clarification of the response (bid), if any, and (4) the Department’s acceptance of the response (bid) by “notice of award”. All Exhibits 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 equipment or supplies or a directive to proceed with services. Before providing equipment, supplies and/or services to 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 page one (1) of the IFB. 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 twelve (12) month 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 - The contractor shall agree if the Department exercises the option for renewal, and renewal commission rates are not provided, then the commission rate during the renewal period shall be the same as during the original contract period.

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

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

3.1.5 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 State of Missouri, including its agencies, employees, and assignees, from every expense, liability, or payment arising out of such negligent act.

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

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

3.1.6 Contractor Equipment Use: Title to any equipment required by the contract shall be held by and vested in the contractor. The State of Missouri 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.

3.1.7 Insurance - 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.

a. In the event the insurance coverage is canceled, the Department must be notified within thirty (30) calendar days.

3.1.8 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 eighteen (18) years of age. A Missouri Uniform Law Enforcement System (MULES) check or other background investigation shall 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 offenders.

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.

(1) 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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a. 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.

d. 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.

e. 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.

3.1.9 Subcontractors - Any subcontract for the items/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 Department and to ensure that the Department 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 Department 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.

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

3.1.10 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 a Department 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.

3.1.11 Delivery Performance - The contractor and/or the contractor's subcontractor(s) shall deliver products in accordance with the contracted delivery requirements stated herein to the Department.

a. Delays in Delivery Performance - If at any time the contractor should encounter conditions impeding delivery of product, the contractor shall immediately notify the Business Manager/Designee in writing of the fact of delay, its likely duration, and its cause(s). As soon as

IFB DOC 0000000081SL Page 14 practical after the receipt of the contractor’s notice, the Department shall evaluate the situation and may, at its sole discretion, extend the contractor’s time for delivery.

b. A delay by the contractor in the performance of its delivery obligations shall render the contractor liable for additional costs incurred by the Department to obtain product from other sources unless an extension of time is agreed upon pursuant to 3.1.11 a.

3.1.12 Point of Contact - The contractor must function as the single point of contact for the Department, regardless of any subcontract arrangements made, for all products and services provided, including but not limited to, issues related to delivery, restocking, maintenance and commission payment.

3.1.13 Criminal Justice Information Systems (CJIS) Security Awareness – 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.

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

b. 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.

c. The contractor must not, at any time, directly or indirectly disclose any Criminal Justice

Information learned during the performance of this contract.

d. 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.

e. 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.”

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 MissouriBUYS is the State of Missouri’s web-based statewide eProcurement system which is powered by

MOVERS, through our partner, MOVERS (https://www.missouribuys.mo.gov). 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 https://missouribuys.mo.gov/media/pdf/movers-bid-response-instructions . (This document is also on the Bid Board referenced above.) Be sure to include the solicitation (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 https://missouribuys.mo.gov/supplier-registration , 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.

4.1.2 Electronic Response in MissouriBUYS - Vendors must submit their entire response electronically through the MissouriBUYS System website. In addition to completing the on-line pricing, the registered vendor should submit completed exhibits, forms, and other information concerning the solicitation as an attachment to the electronic response. The registered vendor is instructed to review the solicitation submission provisions carefully to ensure they are providing all required pricing, including applicable renewal pricing.

a. The exhibits, forms, and Pricing Page(s) provided herein can be saved, completed by a registered vendor, and then sent as an attachment to the electronic submission. Other information requested or required may be sent as an attachment. Additional instructions for submitting electronic attachments are on the MissouriBUYS System website.

b. To ensure software compatibility with the MissouriBUYS system, the vendor should complete attachments using Microsoft Word or Microsoft Excel, or if using a different application for completing attachments, the vendor should save the completed attachment as a searchable PDF document in order to preserve the formatting. A vendor’s failure to follow these instructions and instead use a different application or method for completion and submission of attachments could render some of the vendor's response in their attachments to be unreadable which could negatively impact the evaluation of the vendor's response.

4.1.3 EXHIBIT A, Pricing Page - The vendor must submit a firm fixed commission rate percentage of gross sales on EXHIBIT A, Pricing Page for the original contract period and both renewal periods. If renewal commission rates are not provided, then the commission rate during the renewal period shall be the same as during the original contract period.

4.1.4 Open Records – Pursuant to section 610.021, RSMo, the bid shall be considered an open record after the bid is opened. Therefore, the vendor is advised not to include any information that the vendor does not want to be viewed by the public, including personal identifying information such as social security numbers.

https://www.missouribuys.mo.gov/ https://missouribuys.mo.gov/media/pdf/movers-bid-response-instructions

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a. In preparing a bid, the vendor should be mindful of document preparation efforts for imaging purposes and storage capacity that will be required to image the bids and should limit bid content to items that provide substance, quality of content, and clarity of information.

b. Additionally, after a contract is executed, the contract(s) is scanned into the Department’s imaging system. The scanned information will be available for viewing through the Internet at https://doc.mo.gov/divisions/human-services/purchasing.

4.1.5 Contact – Any and all communication from vendors regarding specifications, requirements, competitive bid process, etc. related to the bid document must be referred to the Buyer of Record identified on the first page of this document. Such communication should be received at least ten calendar days prior to the official bid opening date.

4.1.6 Compliance with Terms and Conditions – The vendor is cautioned when submitting pre-printed terms and conditions or other type material to make sure such documents do not contain other terms and conditions which conflict with those of the IFB and its contractual requirements. The vendor agrees that in the event of conflict between any of the vendor's terms and conditions and those contained in the IFB that the IFB shall govern. Taking exception to the Department’s terms and conditions may render a vendor's bid non-responsive and remove it from consideration for award.

4.1.7 Bid Detail Requirements and Deviations – It is the vendor’s responsibility to submit a bid that meets all mandatory specifications stated herein. The vendor should clearly identify any and all deviations from both the mandatory and desirable specifications stated in the IFB. Any deviation from a mandatory requirement may render the bid non-responsive. Any deviation from a desirable specification may be reviewed by the Department as to its acceptability and impact on competition.

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

4.2 Evaluation and Award Process:

4.2.1 After determining that a bid satisfies the mandatory requirements stated in the IFB, the evaluator shall use objective analysis in conducting a comparative assessment of the bid(s). The contract shall be awarded to the highest and best vendor.

4.3 Evaluation of Responsiveness, Responsibility and Reliability:

4.3.1 Determination of Responsiveness - Any bid which does not comply with the mandatory requirements of the IFB will be determined to be non-responsive and will not be considered for an award.

4.3.2 Determination of Responsibility and Reliability – The Department shall determine the responsibility and reliability of the highest responsive vendor.

a. The Department reserves the right to reject any bid for reasons which may include but not necessarily be limited to:

• Receipt of any information, from any source, regarding unsatisfactory experience and/or performance of similar services by the vendor or any subcontractor(s) proposed to provide the vending machine services within the past three (3) years; and/or https://doc.mo.gov/divisions/human-services/purchasing

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• Inability of the vendor to document performance of vending machine services within the past three (3) years which are similar to the services required herein, for a period of not less than twelve (12) consecutive months; and/or

• The vendor’s failure to document familiarity with the building.

b. If the highest responsive vendor is determined to be irresponsible and unreliable, the Department shall conduct a determination of responsibility and reliability for the next highest responsive vendor.

4.4 Cost Evaluation:

4.4.1 The evaluation shall include the original contract period plus the renewal periods. The vendor shall submit a firm fixed commission rate percentage of gross sales for the original contract period and each renewal period on EXHIBIT A, Pricing Page for line item 001.

4.4.2 For evaluation purposes only, the initial contract period total commission earned on gross sales shall be calculated by multiplying the commission rate percentage of gross sales indicated on EXHIBIT A, Pricing Page by the estimated yearly sales as stated in section 1.4.2.

a. Commission earned on gross sales for each renewal period will be calculated in the same manner as indicated in 4.4.2.

b. Assigned points shall be determined from the result of the calculations stated above using the following formula:

Compared Vendor’s Commission Earned x Maximum Evaluation

Points (100) = Assigned Points Highest Responsive Vendor’s Commission Earned

4.5 EXHIBIT B, Missouri Service Disabled Business Preference:

1.1.1 4.5.1 Service-Disabled Veteran Business Enterprises (SDVEs) – Pursuant to section 34.074, RSMo, and

1 CSR 40-1.050, a three (3) bonus point preference shall be granted to vendors who qualify as Missouri service-disabled veteran business enterprises and who complete and submit Exhibit B, Missouri Service- Disabled Veteran Business Enterprise Preference with the solicitation. If the solicitation does not include the completed Exhibit B and the documentation specified on Exhibit B in accordance with the instructions provided therein, no preference points will be applied. In order to be considered a qualified SDVE for purposes of this IFB, the vendor must be certified as an SDVE by the State of Missouri, Office of Administration, Office of Equal Opportunity (OEO) by the bid opening date.

4.6 EXHIBIT C, Refund Procedure and Familiarity of Buildings:

4.6.1 The vendor must state on EXHIBIT C, Refund Procedure and Familiarity of Buildings, its refund procedure when a customer does not receive the product paid for or receives an outdated or otherwise unacceptable product.

4.6.2 Familiarity with the Buildings – The vendor must be familiar with the buildings. In order to be considered familiar with the buildings, the vendor must either schedule and attend a tour or have knowledge of the buildings and any existing conditions and factors of the buildings that may affect the performance of the required services.

a. The Department will maintain an attendance record documenting the vendors who scheduled and attended a tour. The vendor shall be responsible for ensuring the vendor’s attendance at the tour is documented. If the attendance record does not document the vendor’s attendance at the tour, the vendor will not be recognized for having attended the tour.

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b. If the vendor did not schedule and attend a tour, the vendor must provide relevant information regarding the vendor’s knowledge of the building(s) and any existing conditions and factors of the buildings that may affect the performance of the required services. Space is provided for the vendor to provide such information on EXHIBIT C, Refund Procedure and Familiarity of Buildings.

1) For purposes of this procurement, a vendor will be considered knowledgeable of the buildings for reasons including, but not necessarily limited to, providing vending machine services in the buildings within the past three (3) years.

c. The vendor is advised that a review of building floor plans, an unscheduled independent public viewing of the building, or discussions with Department personnel regarding the buildings shall not, for vending machine service purposes, satisfy the requirement regarding a vendor having knowledge of the buildings.

4.7 EXHIBIT D, Current/Prior Experience:

4.7.1 The vendor must complete EXHIBIT D, Current/Prior Experience to demonstrate performance responsibility and reliability of vending machine services. The vendor should provide information related to current and previous contracts performed by the vendor’s organization which are similar to the requirements of this IFB.

4.8 Determination for Award:

4.8.1 The Department reserves the right to award to the vendor whose bid complies with all mandatory specifications and requirements, and is the most responsive, responsible and reliable vendor with the highest commission rate determined as specified herein.

4.8.2 Only one award shall be made to the vendor who meets specifications and who has the highest responsive bid. Other factors that affect the determination of the highest priced responsive vendor include consideration of the preference explained in Section 4.5.

4.8.3 Determination of Highest Priced Vendor Including Consideration of Preferences - After completing the cost evaluation and determining preference bonus points, the vendor with the most points is considered the highest vendor. Total points shall be computed based on the total evaluated bid price as follows:

Assigned Points + earned preference points = Total Points

4.8.4 The Department reserves the right to reject any bid which is determined unacceptable for reasons which may include but are not necessarily limited to: 1) failure of the vendor to meet mandatory general performance specifications; and/or 2) failure of the vendor to meet mandatory technical…