IFB DOC OFFENDER REHAB 0000000005SL- ER234N7004 Tattoo Supplies QVL Draft.pdf

INVITATION FOR BID IFB DOC OFFENDER REHAB

0000000005SL

Tattoo Supplies, Accessories and Materials for

Vocational Classes Qualified Vendor List (QVL)

FOR

Missouri Department of Corrections

Division of Offender Rehabilitative Services Various Locations

Contract Period:

Date of Award Through One Year

Date of Issue:

November 3, 2026

Missouri Department of Corrections Fiscal Management Unit

Purchasing Section 2729 Plaza Drive, P.O. Box 236

Jefferson City, MO 65102

Buyer of Record:

Priscilla Courtney

Procurement Specialist Telephone: (573) 526-6590

Priscilla.Courtney@doc.mo.gov

Bids Must Be Received No Later Than:

2:00 p.m., Wednesday, December 2, 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:Priscilla.Courtney@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 Contractual Requirements Section 4 Vendor’s Submission Information and Requirements Exhibit A Pricing Page Exhibit B Business Information Exhibit C Miscellaneous Information Exhibit D Participation Commitment Exhibit E Document of Intent to Participate Exhibit F Domestic Products Procurement Act (Buy American) Preference Exhibit G Missouri Service-Disabled Veteran Business Enterprise Preference Terms and Conditions Attachment One List of Locations

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1. INTRODUCTION AND GENERAL INFORMATION

This section of the IFB includes a brief introduction and background information about the intended acquisition 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, sealed bids to establish a supply channel for tattoo supplies, accessories and materials, for the Department of Corrections’ (herein referred to as “Department”) various correctional facilities located throughout the state by means of establishing a Qualified Vendors List (QVL) of suppliers for the Department in accordance with the requirements and provisions specified herein.

1.1.2 The purpose of this QVL is to enable a more seamless procurement process, foster competition, and promote a consistent high-quality delivery of products regardless of market volatility. With consideration to a vendor’s inability to hold pricing for a substantial amount of time based on the high demand and required tattoo supplies, accessories and materials, the Department desires to establish contracts with qualified suppliers of the tattoo supplies, accessories and materials specified herein.

1.1.3 The Department intends to establish contracts with multiple vendors for use on an as needed, if needed basis in accordance with the usage and quoting requirements specified herein. Contract awards will be made based upon the vendor’s reliability and compliance with the requirements specified herein. The awarded contracts shall not be viewed as exclusive contracts. The Department reserves the right to issue subsequent solicitations for the same or similar supplies as determined to be in the best interest of the Department to obtain alternate services elsewhere.

1.1.4 The product information provided in this IFB represents the tattoo supplies, accessories and materials the

Department anticipates purchasing. No guarantee is being made regarding the quantity of tattoo supplies, accessories and materials the Department of Corrections will actually purchase. The information is intended only to provide potential vendors with specific requirements as well as for informational purposes only.

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

• Preferences

• Evaluation and Award

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

P a g e | 4 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) calendar days prior to the opening date of the bid. If not received prior to ten (10) calendar days before the bid opening 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 Priscilla.Courtney@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.

1.4 Background Information:

1.4.1 The contract is intended for use by the various facilities of the Missouri Department of Corrections. See

Attachment 1 for the listing of Department facilities

1.4.2 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 INTRODUCTION AND GENERAL INFORMATION****

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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 the 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 The contractor shall understand and agree that the purpose of the contract is to establish a Qualified Vendors

List (QVL) for future tattoo supplies, accessories and materials purchases made by the Department. The QVL contractor shall understand and agree that the purpose of the contract is to obtain a supply of tattoo supplies, accessories and materials on an as needed, when needed basis and the QVL contractor shall conduct all contract responsibilities consistent with this purpose.

2.1.2 The QVL contractor must be able to supply tattoo supplies, accessories and materials for vocational classes to all DOC facilities, (see Attachment 1 for identification of facilities)

2.1.4 The contractor shall provide all tattoo supplies, accessories and materials to the sole satisfaction of the

Department.

2.1.5 The contractor shall understand and agree that any facility may order and work directly with the contractor.

2.1.6 The contractor shall provide an account representative specifically assigned to the Department for

Department contact at no additional cost to the Department, (e.g., a customer call center, e-mail address, or phone number). The assigned contact/designated representative shall be the single point of contact to receive and respond to all requests for parts from the Department, and shall have the express authority to speak, and make decisions on behalf of the contractor.

2.1.7 For the purposes of the contract, the terms “vendor”, “contractor”, and “QVL contractor” shall be interpreted to mean the same.

2.2 Price:

2.2.1 The QVL contractor should provide a firm, fixed percentage discount off MSRP prices provided in the

QVL contractor’s price list/catalog for all available tattoo supplies, accessories and materials. The percentage discount is to be listed on EXHIBIT A, Pricing Page and must remain firm and unchanged throughout the duration of the contract, including any renewal periods. If a percentage discount is not provided, it shall be interpreted the discount on the price list/catalog is 0%. This line will be awarded to all QVL contractors receiving an award of contract.

2.2.2 Price List/Catalog – The QVL contractor should submit a price list/catalog (NO DISCOUNT APPLIED)

a. The QVL contractor may provide the current price list/catalog (NO DISCOUNT APPLIED) in the versions listed below:

1) Current printed hard copy

2) Electronic version of current hard copy

3) On-line web-based

b. The QVL contractor should indicate what version(s) of price list/catalog will be provided to the

Department on EXHBIT A, Pricing Page.

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c. If the QVL contractor does not provide a price list/catalog with their response, the QVL contractor must provide one within five (5) business days of the buyer’s request.

2.3 Qualified Vendor List Utilization and Requirements:

2.3.1 In order to mitigate the Department’s risk of inadequate supply of tattoo supplies, accessories and materials, the awarded QVL contractors shall serve as the primary market supply channel for the Missouri Department of Corrections locations listed in Attachment 1 and in accordance with the provisions and requirements stated herein.

a. The QVL contractor must only quote and supply those specifically awarded items that have been approved by the Department’s Notice of Contract Award or by a properly executed contract amendment, issued by the Department.

2.3.2 Unless otherwise stated herein, the QVL contractor shall use the information below for any correspondence regarding the contract:

Buyer: Priscilla Courtney, Procurement Specialist Division: Office of the Director/Purchasing Section Address: 2729 Plaza Drive, Jefferson City, MO 65109 Phone: 573-526-6590 Email: Priscilla.Courtney@doc.mo.gov

2.4 Product Requirements:

2.4.1 Specifications:

a. The contractor shall possess an adequate stock of tattoo supplies, accessories and materials awarded for use in the vocational classes purposes.

b. All items furnished must be in new condition and of good quality. Outdated or damaged products will not be accepted by the Department and will be refused at delivery and/or returned at the QVL contractor’s expense.

2.4.2 Warranty: The QVL contractor shall provide, at minimum, the manufacturer’s standard warranty, if any, on the tattoo supplies, accessories and materials purchased under the contract if needed. The terms of the contract shall supersede any language to the contrary on invoices or other documents provided by the QVL contractor, manufacturer(s) or other sources regarding any warranty terms. The warranty shall commence upon delivery and acceptance of the tattoo supplies, accessories and materials, by the Department.

2.4.3 Hazardous Material Labeling: Hazardous material is any article or substance designated by the U.S.

Department of Transport as being capable of posing an unreasonable risk to health, safety, or property during transport.

a. In accordance with the revised rules and regulations of the Occupational Safety and Health Administration (OSHA) requires that all hazardous chemicals and commodities purchased by the State of Missouri be labeled with warning labels, and either contain a safety data sheet with each shipment, or the QVL contractor otherwise shall make available a safety date sheet specific to the product for downloading from the internet.

b. The QVL contractor shall ensure that the Department is informed about where to find the safety data sheets for the products under contract.

c. The QVL contractor’s safety data sheet information must be compliant with OSHA’s Hazard

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Communication Standard and comply with any changes to those OSHA requirements.

d. Failure to comply with this requirement may cause cancellation of the contract with goods returned at the QVL contractors expense as well as suspension from the solicitation list for future requirements.

2.5 Packaging/Damaged Products and Restocking Fees:

2.5.1 Item Packaging: The QVL contractor shall provide packaging necessary to protect items from physical and environmental damage during shipping and handling. Cushioning materials shall be included, as required to protect and restrict movement of items within the package.

2.5.2 Replacement of Damaged Product: The QVL contractor shall be responsible for repairing or replacing any item received in damaged condition at no cost to the Department. This includes all delivery/transportation costs for returning non-functional or damaged items to the QVL contractor for replacement.

2.5.3 Restocking Fee: It is highly desirable that the QVL contractor not charge the Department any restocking fees associated with any return.

a. The QVL contractor should state its restocking fee percentage amount on EXHIBIT A, Pricing Page.

If pricing is not provided on EXHIBIT A, Pricing Page, it shall be interpreted as no restocking fees will be imposed to the Department.

b. The restocking fee listed on EXHIBIT A, Pricing Page shall remain the same throughout the duration of the contract period, including any renewal periods.

c. A restocking fee, if charged, must be a fixed percentage of the invoiced price of the returned item, as listed on EXIBIT A, Pricing Page

d. The QVL contractor shall not impose a restocking fee for errors made by the QVL contractor in processing orders, defective materials, and/or past agreed-to delivery time frames.

2.6 Quote Request Requirements:

2.6.1 Throughout the contract period and as a Department has needs for the items specified in the IFB, the

Department will contact the applicable QVL contractor to request firm, fixed price quotes for the line items the Department desires to purchase at that time. The Department will evaluate the quotes received and issue purchase orders based on which QVL contractor is determined as the lowest price quote for each line item using the criteria listed in section 2.7.

a. The QVL contractor shall only be authorized to provide pricing on those items in a quote request for which their Notice of Award indicated acceptance.

b. The Department will award the quote request by line item unless otherwise specified in the quote request.

2.6.2 The QVL contractor shall understand and agree that all terms and conditions of the contract shall apply to all quote request for products under the contract.

2.6.3 The QVL contractors who were awarded specific line item(s) (for which the Department is needing quotes) will be contacted by the Department via email with the item(s) and the quantities needed for that specific purchase. The QVL contractor shall provide pricing for the requested item(s) by the deadline specified by the Department in order for the QVL contractor’s quoted firm, fixed price to be considered. If awarded the

P a g e | 8 quote, the firm, fixed price quoted for the specific purchase shall be contractually binding with the QVL contractor for that specific order placement and fulfillment.

a. Pricing: The QVL contractors shall price the specific product(s) based on the requested firm quantity, unit of measure, the mandatory specifications herein, and any additional specifications identified in the quote request. The QVL contractor shall apply available discounts and other promotional pricing that may apply to the Department’s quote request. The Department shall not pay nor be liable for any other additional costs including but not limited to taxes, insurance, interest, penalties, termination payments, attorney fees, liquidated damages, etc.

1) All pricing shall include all packing, handling, shipping, and freight charges FOB Destination, Freight Prepaid and Allowed. The Department shall not make additional payments or pay add-on charges for freight or shipping.

b. In accordance with the Buy American Act, the QVL contractor must provide proof of compliance with section 34.353, RSMo. Therefore, the Department will request the QVL contractor to complete and return EXHIBIT F, Domestic Product Procurement Act (Buy American) Preference, certifying proof of compliance. This document must be thoroughly completed for each price quote.

2.6.4 The Department reserves the right to cancel the contract of a QVL contractor who consistently fails to respond to the Department’s quote request, responds to the Department’s quote requests but withdraws their pricing prior to an order being placed, or fails to provide product at the price provided in the quote.

2.6.5 The QVL contractor shall understand that each quote response submitted shall be considered an open record unless otherwise exempt pursuant to the provisions of the State of Missouri Revised Statutes, specifically section 610.021-022, RSMo, and other provisions as may be applicable. The QVL contractor should NOT include confidential material with their quote response.

2.7 Quote Request Evaluation:

2.7.1 The quote request shall be awarded to lowest and best QVL contractor defined herein as the specification-compliant QVL contractor who scores the highest number of evaluation points considering:

a. Cost, including the Missouri Domestic Products Procurement Act (Buy American Act) preference, and

b. Bonus Preference Points earned for the Organization for the Blind/Sheltered Workshop preference and the Missouri Service-Disabled Veteran Enterprise preference points in the QVL contractor’s awarded bid.

2.7.2 Evaluation of Cost – For each item quoted, the Department shall determine the lowest priced QVL contractor per line item by performing a cost evaluation in the following manner:

a. A unit price conversion will be done to fairly evaluate quoted prices. However, the unit of measure proposed will be the unit of measure awarded. QVL contractors are encouraged to contact the Department prior to submission of their quote response to discuss anticipated unit modifications. The QVL contractor is cautioned that the Department reserves the right to clarify the unit of measure modification or to disqualify the quote response for that line item if the unit of measure modification is not deemed appropriate or in the best interests of the Department.

1) The firm, fixed unit price submitted for each line item shall be multiplied by the respective requested firm quantity stated in the request for quote to determine the total cost per line item.

2) Plus any application of the Domestic Product Act (Buy American) Preference as detailed below.

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• Domestic Products Procurement Act - In accordance with the Domestic Product Procurement Act (hereinafter referred to as the Buy American Act) sections 34.350 to 34.359, RSMo, the QVL contractor is advised that any goods purchased or leased by any public agency shall be manufactured or produced in the United States.

• QVL contractors who can certify that goods or commodities to be provided in accordance with the contract are manufactured or produced in the United States or imported in accordance with a qualifying treaty, law, agreement, or regulation shall be entitled to a ten percent (10%) preference over QVL contractors whose products do not qualify.

• The requirements of the Buy American Act shall not apply if other exceptions to the Buy

American mandate in section 34.353, RSMo, are met.

• If the QVL contractor claims there is only one line of the good manufactured or produced in the United States, subsection 2 of section 34.353, RSMo, or that one of the exceptions of subsection 3 of 34.353, RSMo, applies, the Executive Head of the Agency bears the burden of certification as required prior to the award of a purchase order.

• If the lowest priced QVL contractor qualifies as American-made or in the event all of the

QVL contractors or none of the QVL contractors qualify for the Buy American preference, no further calculation is necessary. In the event the lowest priced QVL contractor does not qualify for the Buy American Preference but other QVL contractors do qualify, then the low QVL contractor’s price(s) is increased by 10% for those items not eligible for the Buy American Preference.

• In accordance with the Buy American Act, the QVL contractor must provide proof of compliance with section 34.353, RSMo. Therefore, the Department will request the QVL contractor to complete and return EXHIBIT F, Domestic Product Procurement Act (Buy American) Preference, certifying proof of compliance. This document must be thoroughly completed for each price quote.

3) If any products offered for a price quote are being manufactured at sites outside the United States, the QVL contractor MUST disclose such fact and provide details on EXHIBIT C, Miscellaneous Information at the time of providing the price quote to the Department.

b. Upon determination of each QVL contractor’s total cost for the specified line item, cost points shall be computed from the results of the calculation stated below using a scale of 100 possible points and the following formula:

Lowest Responsive QVL Contractor’s Price

Compared QVL Contractor’s Price X

Maximum Cost Points

(100 points) = Assigned Cost points

c. For those QVL contractors awarded bonus preference points during the evaluation of the quote, such bonus preference points shall be added to the QVL contractor’s cost evaluation points. The QVL contractor with the most points after totaling the cost evaluation points with the bonus preference points will be considered the lowest and best QVL contractor.

d. In the event all bid responses fail to meet the Department’s needs, the Department may reject all responses and cancel the quote request.

e. If the lowest and best vendor’s, in accordance with section 2.9.2, delivery timeframe does not meet the

Department’s needs (see EXHIBIT A, Pricing Page), the Department reserves the right to evaluate the next lowest and best vendor with the delivery that meets the Department’s needs.

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2.7.3 Determination of Specification Compliance: Upon determination of the highest scoring vendor considering cost (as explained above) and the addition of preference points for Organization for the Blind/Sheltered Workshop participation and Missouri Service Disabled Veteran Enterprise participation earned in the QVL contractor’s awarded bid, the Department shall determine whether such bid response meets the minimum requirements as stated in the IFB portion of the contract and the Department’s individual request for bid.

In making the specification compliance determination, the Department reserves the right to consider the QVL contractor’s bid response, any product sheets, and to request and consider samples at no cost to the Department.

2.7.4 The Department will document their evaluation justification regarding their award determination of the “lowest and best” price quote at the time of the award.

2.7.5 The Department will inform all responding QVL contractors of the outcome of the award. Acceptance of the quote request, unless otherwise specified, is not authorization to proceed with shipment of products.

The Department must provide authorization to proceed through issuance of a purchase order or specific written authorization to ship.

2.8 Order Requirements by Department:

2.8.1 The Department should purchase the items specified in the awarded price quote from the awarded QVL contractor (as determined by section 2.7).

a. If the QVL contractor cannot provide the awarded items in the price quote, the QVL contractor may be considered in breach of contract and subject to the remedies specified herein.

b. The Department shall document each instance of the QVL contractor’s inability to provide the awarded items as required. If the QVL contractor continually or consistently is unable to provide the awarded items as required, the Department may elect to cancel the applicable QVL contractor’s contract.

c. If the QVL contractor cannot fulfill the price quote awarded then, the Department reserves the right to use the next highest scoring QVL contractor (as determined in accordance with section 2.7).

2.8.2 Orders for any awarded item(s) not delivered by the delivery date stated in the quote request may be cancelled at no cost to the Department. The Department reserves the right to purchase such item(s) elsewhere if deemed necessary. Any additional costs incurred by the Department as a result of the QVL contractor’s failure to deliver may be the responsibility of the QVL contractor.

2.8.3 The QVL contractor shall understand and agree no orders shall be accepted or delivered without an order number, by either purchase order or credit card. The order number should be listed on all shipping paper, invoices, etc.

2.8.4 It is highly desirable the QVL contractor not impose a minimum order quantity for any item listed in the contract or otherwise available to the Department through the manufacturer’s price list.

a. The QVL contractor should state its minimum order dollar amount on EXHIBIT A, Pricing Page. If the minimum order dollar amount is left blank, it shall be interpreted as no minimum order dollar amount.

2.9 Delivery Requirements: The QVL contractor shall adhere to the following delivery requirements:

2.9.1 Orders placed by the Department must be available for delivery to all facilities listed on Attachment 1.

The QVL contractor must begin accepting orders upon notice of award. The QVL contractor and/or the QVL contractor's subcontractor(s) shall deliver products in accordance with the contracted delivery times stated herein to the ordering locations upon receipt of an authorized purchase order or P-card transaction

P a g e | 11 notice. Delivery shall include unloading shipments at the Department’s dock, if applicable, or other designated unloading site as requested by the Department. All orders must be shipped F.O.B. Destination, Freight Prepaid and Allowed. All orders received on the last day of the contract, must be shipped at the awarded price. All deliveries must be coordinated with the Department. (Please see Section 12 of the Terms & Conditions for additional delivery requirements).

2.9.2 Orders should be delivered to the ordering institutions within twenty-one (21) business days upon receipt of an authorized purchase order or state purchasing card transaction notice. The QVL contractor should state delivery timeframes in calendar days after receipt of order for items on EXHIBIT A, Pricing Page.

2.9.3 Delivery must not be made on official state holidays. A list of official state holidays may be found on the State of Missouri web site at: https://oa.mo.gov/commissioner/state-holidays.

2.9.4 Delivery for all items shall be due as indicated on the price quote request by the Department at the time a price quote request is issued. Failure by the QVL contractor to deliver according to the specified requirements may result in contract cancellation and suspension from future vendor’s list.

2.10 Invoicing and Payment Requirements:

2.10.1 Invoicing: For each awarded quote request, the QVL contractor shall submit an itemized invoice to the

Department upon delivery of the item(s). In the event the QVL contractor has been authorized to proceed on more than one request for quote, the QVL contractor must submit separate invoices for each quote awarded.

2.10.2 Each QVL contractor invoice must be on the QVL contractor’s original descriptive business invoice form unless the QVL contractor is submitting an integrated electronic invoice (eInvoice) in MissouriBUYS. Each invoice must contain a unique invoice number and the remittance address included in the QVL contractor’s MissouriBUYS vendor registration. The invoice number will be listed on the state’s EFT addendum record to enable the QVL contractor to properly apply state payments to invoices. The QVL contractor must comply with all other invoicing requirements stated in the IFB.

2.10.3 The QVL invoice should include any discount for prompt payment as indicated on EXHIBIT A, Pricing

Page.

2.10.4 The QVL contractor shall submit invoices to the following address or email to DOCPayables@doc.mo.gov:

Accounts Payable Missouri Department of Corrections Fiscal Management Unit PO Box 236

Jefferson City, MO 65102

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

2.10.6 Payments: Payments will be made to the QVL contractor within forty-five (45) days of receipt of products and invoice and must be reconciled against the contract prior to issuing to the QVL contractor.

2.10.7 The Department shall submit contract payments to the QVL contractor at the remittance address listed in the QVL contractor’s MissouriBUYS vendor registration. However, the QVL contractor shall understand and agree the Department reserves the right to make contract payments to the QVL contractor through https://oa.mo.gov/commissioner/state-holidays mailto:DOCPayables@doc.mo.gov

P a g e | 12 electronic funds transfer (EFT). Therefore, prior to any payments becoming due under the contract, the QVL contractor must verify and update, if applicable, their vendor registration with their current remittance address and ACH-EFT payment information at https://MissouriBUYS.mo.gov.

2.10.8 P-Card (Visa): If the QVL contractor agrees to allow the Department to make purchases using the State of

Missouri purchasing card (Visa), then the QVL contractor shall be responsible for all service fees, merchant fees and/or handling fees. In addition, the QVL contractor shall provide items at the prices quoted pursuant to section 2.3 herein. 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. The state purchasing card shall not be charged until the items are received and accepted.

2.10.9 The QVL contractor may obtain detailed information for payments issued for the past 24 months from the

State of Missouri’s central accounting system (SAM II) on the Vendor Services Portal at:

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

2.10.10 Other than the payments specified above, no other payments or reimbursements shall be made to the QVL contractor for any reason whatsoever including, but not limited to taxes, shipping charges, insurance, interest, penalties, termination payments, attorney fees, liquidated damages, etc., unless it is specifically described and priced in the awarded contract, or as otherwise specifically stated and allowed in the IFB.

****END OF PERFORMANCE REQUIREMENTS****

3. CONTRACTUAL REQUIREMENTS

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

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This section of the IFB includes contractual requirements and provisions that will govern the contract after IFB award. The contents of this section include mandatory provisions that must be adhered to by the 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 Contract:

3.1.1 A binding contract shall consist of: (1) the IFB and any addendums thereto, (2) the QVL 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 supplies or a directive to proceed with services. Before providing supplies for the Department, the QVL contractor must receive a properly authorized purchase order or other form of authorization given to the QVL 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 QVL contractor and the Department prior to the effective date of such modification. The QVL 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.

3.2 Contract Period:

3.2.1 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 contract may be renewed via a formal contract amendment, signed and approved by and between the duly authorized representative of the QVL contractor and the Department, for two (2) additional one-year periods, or any portion thereof. In the event the both parties exercise such right, all terms and conditions, requirements and specifications of the contract, shall remain the same and apply during renewal periods.

a. If the option for renewal is exercised by the Department, the QVL contractor shall agree that the firm, fixed percentage discount off MSRP listed on EXHIBIT A, Pricing Page, shall remain unchanged throughout the duration of the contract, including all renewal periods.

3.3 Termination:

3.3.1 The Department reserves the right to terminate the contract at any time, for the convenience of the State of

Missouri, without penalty or recourse, by giving written notice to the QVL contractor at least thirty (30) calendar days prior to the effective date of such termination. In the event of termination pursuant to this paragraph, all documents, data, reports, supplies, equipment, and accomplishments prepared, furnished or completed by the QVL contractor pursuant to the terms of the contract shall, at the option of the Department, become the property of the Department. The QVL 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.

3.4 Contractor Liability:

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

a. The QVL contractor also agrees to indemnify, defend, and hold harmless the State of Missouri, its agencies, employees, and assignees from and against any and all tort or statutory liability arising out of the provision of any equipment or services by any subcontractor or other person employed by or under the supervision of the QVL contractor under the terms of the contract.

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

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

3.5 Insurance:

3.5.1 The QVL contractor shall understand and agree that the State of Missouri cannot save and hold harmless and/or indemnify the QVL contractor or employees against any liability incurred or arising as a result of any activity of the QVL contractor or any activity of the QVL contractor's employees related to the QVL contractor's performance under the contract. Therefore, the QVL 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.

3.6 Subcontractors:

3.6.1 Any subcontracts for the products/services described herein must include appropriate provisions and contractual obligations to ensure the successful fulfillment of all contractual obligations agreed to by the QVL 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 QVL contractor.

a. The QVL 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 QVL 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 QVL contractor of the responsibility for providing the products/services as described and set forth herein.

c. The QVL 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.

3.7 Participation by Other Organizations:

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3.7.1 The QVL contractor must comply with any Organization for the Blind/Sheltered Workshop participation levels committed to in the QVL contractor’s awarded solicitation.

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

b. The Department will monitor the QVL contractor’s compliance in meeting the Organizations for the

Blind/Sheltered Workshop participation levels committed to in the QVL contractor’s awarded solicitation. If the QVL contractor’s payments to the participating entities are less than the amount committed, the Department may cancel the contract and/or suspend or debar the QVL contractor from participating in future Department procurements, or retain payments to the QVL contractor in an amount equal to the value of the participation commitment less actual payments made by the QVL contractor to the participating entity. If the Department determines that the QVL contractor becomes compliant with the commitment, any funds retained as stated above, will be released.

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

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

This approval shall not be arbitrarily withheld.

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

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

3.8 Authorized Personnel:

3.8.1 The QVL 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.

3.8.2 If the QVL contractor is found to be in violation of this requirement or the applicable state, federal, and local laws and regulations, and if the State of Missouri has reasonable cause to believe that the QVL 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 QVL contractor from doing business with the Department.

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

3.9 Contractor Status:

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

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3.9.1 The QVL contractor is an independent QVL contractor and shall not represent the QVL contractor or the

QVL contractor’s employees to be employees of the State of Missouri or an agency of the State of Missouri.

The QVL 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.

3.10 Coordination:

3.10.1 The QVL contractor shall fully coordinate all contract activities with those activities of the Department. As the work of the QVL contractor progresses, advice and information on matters covered by the contract shall be made available by the QVL contractor to the Department’s Purchasing Section throughout the effective period of the contract.

3.11 Confidentiality:

3.11.1 The QVL contractor shall agree and understand that all discussions with the contractor and all information gained by the QVL contractor as a result of the QVL 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.

3.12 Order Quantities:

3.12.1 The Department makes no guarantees about single order or total aggregate order quantities.

****END OF CONTRACTUAL REQUIREMENTS****

4. BID SUBMISSION INFORMATION AND REQUIREMENTS

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

4.1 Submission of Solicitation Response:

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

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

a. In order to become a registered vendor, the vendor can register by going to the MissouriBUYS Home

Page referenced above, clicking the “Register” button at the top of the page, and completing the Vendor Registration.

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

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

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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 bid 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 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.

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.

4.1.4 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.

4.1.5 Compliance with Terms and…