IFB - Mobile X-Ray Services-2.2.26.pdf

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State of Missouri Missouri Veterans Commission (MVC)

Invitation for Bid (IFB) for Mobile Radiology Services for MVC

SOLICITATION NO.: DPS MO VET COMM 0000000016SL

ISSUE DATE: February 2, 2026 CONTRACT PERIOD: April 1, 2026 through March 31, 2027

BID DUE NO LATER THAN: February 20, 2026 AT 2:00 PM CENTRAL TIME

Response should be submitted electronically through MissouriBUYS, powered by MOVERS, at https://missouribuys.mo.gov but may respond electronically (see emailing instructions below)

EMAILING INSTRUCTIONS: Type IFB Number and Return Due Date (End Date) in the e-mail subject line. Bids must be in the Missouri Veterans Commission, Procurement Officers email inbox by the return date and time. Submit email responses to the Procurement Office listed below.

PROCUREMENT OFFICER: Reva Hutchison

PHONE NO.: (573) 522-4226

EMAIL: Reva.Hutchison@mvc.dps.mo.gov

See “IFB Questions” in Section 1 for appropriate communications during the procurement process.

DELIVER SUPPLIES/SERVICES FREE ON BOARD (FOB) DESTINATION TO

THE FOLLOWING ADDRESS:

Missouri Veterans Commission Missouri Veterans Homes – Various Locations https://missouribuys.mo.gov/ mailto:Reva.Hutchison@mvc.dps.mo.gov

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ATTENTION:

1. After reviewing the Invitation for Bid (IFB), the vendor must complete and return Exhibit A, Bid Signature Page and all other necessary exhibits.

2. Due to lead times for obtaining the information needed to complete the various Business Compliance Exhibits herein as explained in the IFB’s Vendor Response Exhibits, vendors are encouraged to IMMEDIATELY begin securing these verifications.

3. The vendor must be registered in MissouriBUYS , powered by MOVERS in a “Prospective” or “Spend Authorized” registration status to submit a response. The vendor must achieve “Approved” registration status in MissouriBUYS (WebProcure/Proactis) and “Spend Authorized” registration status in MissouriBUYS, powered by MOVERS to be considered for a contract award. Reference Section 5.

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IFB Organization:

IF

B

S ec tio ns

Section 1 Introduction and Background Information Section Section 2 Scope of Work Section Section 3 Terms and Conditions Section Section 4 General Contractual Requirements Section Section 5 Vendor Submission, Evaluation, and Award Information Section

IF

B

V en do r R es po ns e

Ex hi bi ts

(R et ur n th es e ex hi bi ts w ith th e bi d)

Exhibit A Bid Signature Page Exhibit B Bid Submittal Checklist Exhibit C Pricing Page Exhibit D Technical Bid – Experience of Organization and Past Performance Exhibit E Technical Bid – Personnel Qualifications – Leadership Personnel Exhibit F Technical Bid – Personnel Qualifications – Licensed Radiologist Exhibit G Technical Bid – Methodology and Approach Exhibit H Participation Commitment Exhibit I Documentation of Intent to Participate

BUSINESS COMPLIANCE EXHIBITS

Exhibit J State of Missouri Tax Compliance Exhibit K Registration of Business Name with the Missouri Secretary of State Exhibit L Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization Exhibit M Services Outside the United States Exhibit N Employee/Conflict of Interest Exhibit O Federal Funding Unique Identity ID

IF

B

A tta ch m en ts Attachment (Separate Documents) (Do not return the document with response)

Attachment 1 Business Associate Agreement

Separate Document: The vendor is advised that a separate document to this document which provide additional requirements, information, and/or instruction. If not found within this document, the vendor should contact the procurement officer of record, as indicated on the front page of this document, to obtain a copy of the attachment prior to submitting a bid. It shall be the sole responsibility of the vendor to request the separate document. The vendor shall not be relieved of any responsibility for performance under the contract due to the failure of the vendor to obtain a copy of the separate document.

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1. INTRODUCTION AND BACKGROUND INFORMATION SECTION

1.1 Introduction:

1.1.1 Purpose: This document constitutes a request for competitive, sealed bids for the provision of mobile radiology services as set forth herein for Missouri Veterans Commission (hereinafter referred to as “state agency”).

1.1.2 Titles: Titles of paragraphs used herein are for the purpose of facilitating reference only and shall not be construed to infer a contractual construction of language.

1.2 Background and Historical Usage Information:

1.2.1 The Missouri Veterans Commission is a state agency within the Department of Public Safety and has been serving veterans for over 75 years. The Missouri Veterans Commission’s Headquarters is located in Jefferson City, Missouri and operates the Veterans Services Program, 5 State Veterans Cemeteries, 7 State Veterans Homes, and the Veterans Suicide Prevention Program. The Commission is committed to honoring and serving Missouri’s Veterans whose dedication and sacrifices have preserved our nation and its freedoms.

1.2.2 All of the Missouri Veterans Homes are long-term skilled nursing homes with a current population of 95% male and 5% female Veterans.

1.2.3 The following table includes the name, address, and number of beds for the seven State of Missouri

Veterans Homes that will require mobile radiology services:

State of Missouri Veterans Homes Name Number of Beds Missouri Veterans Home-Cameron 1111 Euclid Cameron, Missouri 64429

Missouri Veterans Home-Cape Girardeau 2400 Veterans Memorial Drive Cape Girardeau, Missouri 63701

Missouri Veterans Home-Mexico #1 Veterans Drive Mexico, Missouri 65265

Missouri Veterans Home-Mt. Vernon 1600 S. Hickory Mt. Vernon, Missouri 63136

Missouri Veterans Home-St. James 620 N. Jefferson St. James, Missouri 65559

Missouri Veterans Home-St. Louis 10600 Lewis and Clark Blvd.

St. Louis, Missouri 63136

Missouri Veterans Home-Warrensburg 1300 Veterans Road Warrensburg, MO 64093

1.2.4 The contractor shall understand and agree, in FY25 an estimated 32.8% of the state agency’s home residents are determined to be Full Cost of Care residents. This percentage will increase, or decrease based on fluctuations in admissions and discharges. However, the majority of the state agency’s home residents have Medicare/Medicaid and/or supplemental insurance.

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1.2.5 The contractor shall understand and agree that for purposes of this document “Full Cost of Care” shall be defined as an identifying factor determined by the VA and is most frequently applicable to the state agency home residents who have a 70% or greater disability, due to military service.

1.2.6 The current contract for Mobile X-Ray Services expires March 31, 2026. A copy of the contract can be obtained by contacting the Procurement Officer identified on the cover page of the IFB.

1.3 IFB Questions:

1.3.1 Procurement officer is Single Point of Contact for Solicitation: Vendors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all of their questions or comments regarding the IFB, the evaluation, etc., to the procurement officer indicated on the first page of this IFB. It is preferred that questions be emailed to the procurement officer.

a. Except as noted herein, vendors and their agents are instructed not to contact any other state employee regarding any of these matters during the solicitation and evaluation process. Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements. Vendors can be sanctioned for unauthorized contact with any evaluator under 1 Code of State Regulation (CSR) 40-1.060(8)(G) and (H) available at http://www.sos.mo.gov/adrules/csr/csr.asp.

1.3.2 Vendor is Responsible for Asking Questions About the IFB: It is the vendor’s responsibility to ask questions, request changes or clarifications, or otherwise advise the department if the vendor believes that any language, specifications, or requirements are: (1) ambiguous, (2) contradictory or arbitrary, (3) violate any state or federal law or regulation, (4) restrict or limit the requirements to a single source, or

(5) restrict or limit the vendor’s ability to submit a response.

1.3.3 Vendor Question Deadline: Every attempt shall be made to ensure that the vendor receives an adequate and prompt response. However, in order to maintain a fair and equitable procurement process, all vendors will be advised, via the issuance of an amendment to the IFB, of any relevant or pertinent information related to the procurement. All questions and issues should be submitted no later than ten

(10) calendar days prior to the bid end date and time of the bid. If not received prior to ten (10) calendar days before the bid end date and time, the department may not be able to fully research and consider the respective questions or issues.

1.3.4 State’s Response to Vendor Questions: 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 a IFB amendment. All vendors will be advised of any change to the IFB’s language, specifications, or requirements by a formal amendment to the IFB. There will be no posted written records of the questions/communications (i.e., formal question/answer document).

1.3.5 IFB is State’s Only Official Position: The only official position of the State of Missouri shall be that which is contained in the IFB and any amendments thereto.

1.4 Amendments:

1.4.1 If the department determines that changes to the IFB are necessary, the resulting changes will be included in a subsequently issued IFB amendment(s) prior to the bid end date and time.

http://www.sos.mo.gov/adrules/csr/csr.asp

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1.5 Glossary of Terms and Acronyms:

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

1.5.2 General Glossary, Acronyms, and Abbreviations:

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

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

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

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

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

f. Code of State Regulation (CSR) contains the current administrative rules of executive agencies of

Missouri government. The regulations are arranged by agency rather than by subject.

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

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

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

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

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

l. Mobile Radiology Services for purposes of this solicitation shall include x-ray and ultrasounds.

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

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

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

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

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

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

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

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

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

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

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

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1.6 Accuracy of Background Information:

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

****END OF INTRODUCTION AND BACKGROUND INFORMATION SECTION****

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2. SCOPE OF WORK SECTION

2.1 General Requirements:

2.1.1 The contractor shall provide digital radiography for bedside diagnostic imaging mobile x-ray and ultrasound services (hereinafter referred to as “radiology services”) for Veterans (hereinafter referred to as residents”) at the Missouri Veterans Commission (hereinafter referred to as “state agency”) at all seven Missouri Veterans Homes (hereinafter referred to as “homes”) in accordance with the provisions and requirements stated herein and to the sole satisfaction of the state agency.

2.1.2 The contractor shall provide certified technologists to perform radiology services, including, but not limited to, x-ray and ultrasound services deemed as part of routine nursing care, as identified on Attachment 1.

2.1.3 The contractor shall provide radiology services twenty-four (24) hours per day, seven (7) days per week, including nights, weekends, and all holidays.

2.1.4 The contractor shall either provide the services directly or shall provide personnel who must comply with the requirements stated herein. Therefore, references to “the contractor” throughout this document shall also be deemed to include the personnel provided by the contractor.

2.1.5 The contractor shall perform all services on an as needed basis and to the sole satisfaction of the state agency.

2.1.6 Contractor’s Obligation: Unless otherwise specified herein, the contractor shall furnish all material, labor, facilities, equipment, and supplies necessary to provide the services required herein.

2.2 Contractor and Contractor’s Personnel Requirements and Qualifications:

2.2.1 The contractor must be licensed to provide the required radiology services in the State of Missouri and must be Medicare approved. In addition, the contractor should have a minimum of three years of experience providing radiology services to a long-term skilled nursing care facility.

2.2.2 Leadership Personnel - The contractor shall provide leadership personnel, to include a primary agency

Point of Contact, who shall oversee all contract services provided herein.

a. The contractor’s leadership personnel shall have at a minimum, one year of experience with the following:

1) Experience supervising multiple personnel;

2) Experience overseeing daily operations; and

3) Experience complying with applicable policies, laws, regulations, and ethical standards.

2.2.3 Licensed Radiologist – the contractor shall provide a licensed radiologist, who shall read and interpret the radiology imaging as provided herein.

a. The contractor’s Licensed Radiologist personnel should have at a minimum, 2 years of experience reading and interpreting radiology images.

2.2.4 Certified Radiologic Technologist (R.T.) – The contractor shall provide R.T. personnel, who shall conduct the contract services provided herein.

a. The contractor’s R.T. personnel should have at a minimum, one year of experience providing radiology services.

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2.2.5 Prior to providing radiology services to the state agency, the contractor shall obtain criminal background checks in accordance with section 42.540, RSMo and employee disqualification checks in accordance with section 660.315, RSMo for all personnel providing services under the contract and shall provide documentation as proof of completed checks to the state agency for all contractor personnel. All costs associated with the required background checks shall be the responsibility of the contractor.

a. The contractor shall understand and agree that the state agency will have the right to refuse use of the contractor’s technologists based on the results of such checks.

2.2.6 The contractor’s personnel providing the radiology services described herein must be licensed and must maintain such license(s) in good standing for the duration of the contract.

2.2.7 The contractor and the contractor’s personnel shall comply with all applicable legal requirements, including but not limited to VA regulations, that the state agency must meet for regulatory compliance, specifically 38 CFR Part 51.

2.2.8 The contractor shall understand and agree the contractor’s personnel are not required to be exclusively dedicated to MVC and can provide mobile radiology services to other clients as well.

2.3 Implementation Period Requirements:

2.3.1 By no later than 60 calendar days after notification by the state agency to proceed with services, the contractor shall begin providing radiology services to the state agency homes.

a. Within 30 calendar days from the date the state agency authorizes the contractor to proceed with services, the contractor shall upload all Veteran demographic/insurance information, as well as all active orders utilizing any system that is accepted by the state agency.

b. Within 45 calendar days from the date the state agency authorizes the contractor to proceed with services, the contractor shall establish a bi-directional interface with the state agencies Electronic Health Record system.

1) The contractor shall understand and agree that for the purposes of this document, the state agency currently utilizes Wellsky Specialty Care (a NetHealth program) until September of 2026. After which point the state agency will transition service to NetSmart, Myunity program.

i. The state agency acknowledges that the transition may cause an inability to establish an interface in the noted timeframe within Wellsky Specialty Care and may waive the requirement until post transition to the new Electronic Health Record system.

2) The contractor shall understand and agree that the bi-directional interface should include at a minimum the following:

i. Veteran demographic/ADT information

ii. Veteran insurance and diagnosis information

iii. Physician orders for routine and STAT services; and

iv. Resulting reports

2.3.2 Prior to providing services under the contract, the contractor shall provide at least one hour of in-service training to state agency staff in each of the state agency homes. The contractor’s training shall include, at a minimum, the following:

a. Contractor’s trainer contact information

b. Contractor’s billing system

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c. R.T. schedules and procedures

d. How to contact/order radiology services until such time as the interface is fully functional; and

e. Reporting of radiology results and procedures.

2.4 Radiology Services Performance Requirements:

2.4.1 The contractor shall provide routine and pre-scheduled radiology services as requested by the state agency. The contractor may provide STAT radiology services as requested by the state agency.

a. For purposes of the contract, routine shall be defined as radiology and diagnostic services determined by the state agency to be imminent. Routine radiology services shall be performed within eight (8) hours of a request by the state agency.

b. For purposes of the contract, STAT shall be defined as radiology and diagnostic services determined by the state agency to be immediate or emergent. The contractor shall provide STAT radiology services within four (4) hours of a request by the state agency.

c. For purposes of the contract, pre-scheduled radiology services shall be defined as radiology and diagnostic services where the medical necessity, as determined by the state agency, is not imminent or immediate. The contractor shall provide pre-scheduled radiology services within twenty-four

(24) hours of a request by the state agency.

2.4.2 The contractor shall provide radiology services under the direction of a physician's order for residents of the state agency.

2.4.3 The contractor shall deliver radiographic studies to a licensed radiologist for interpretation.

2.5 Radiology Services Results Requirements:

2.5.1 The contractor shall report radiology results verbally to the state agency within four (4) hours of the imaging being taken. The contractor shall also provide a final hard copy report of the radiology interpretation within twenty-four (24) hours of the imaging being taken. The contractor’s final report may be provided to the state agency electronically, via the Electronic Health Record interface, or online web access for reports and images, until such time as an interface is established. The contractor’s results shall include, but not necessarily be limited to, the following:

a. Resident’s full name;

b. Radiology results;

c. Medical record number, as provided to the contractor at the time the image is ordered by the state agency home;

d. Date the imaging was completed; and

e. Date of the result reporting.

2.5.2 STAT Radiology Result Reporting – Upon the availability of results, but within a period not to exceed four (4) hours from the time of completed imaging for STAT orders, the contractor shall provide STAT radiology result reports to the appropriate state agency home.

2.5.3 If the contractor comes to the state agency home to provide radiology services and the resident refuses or if the resident is absent from the home due to leave or hospitalization, the contractor shall make a comment on the requisition/request or provide documentation that the services were not rendered and why. The contractor shall coordinate with the state agency to reschedule the services for a later date.

2.5.4 Quality Review – The contractor shall understand and agree that the accuracy of the contractor’s radiology findings may be subject to outside radiologist verification at the state agency’s discretion.

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a. The contractor shall understand and agree the state agency will be responsible for any costs associated with the verification of test results.

b. The contractor shall understand and agree, in the event the state agency determines by verification that the results of the contractor’s services are inaccurate or unreliable, the contract may be cancelled without further cost to the State of Missouri, in accordance with the applicable provisions and requirements herein.

c. Upon request by the state agency, the contractor shall provide a quality assurance information report to the state agency which includes the following information:

1) Written proof of equipment inspection (see Attachment 2, Missouri Radiation Control Program Guidance Document);

2) Radiation emission badges/reports; and

3) Any other documentation to provide quality assurance compliance.

2.6 Additional Requirements:

2.6.1 The contractor shall participate in the credentialing and privileging process as required by the state agency home and the VA.

a. The contractor shall understand and agree that for purposes of this document the “credentialing process” shall be defined as the process of obtaining, verifying and assessing the credentials and qualifications of the contractor’s proposed personnel.

b. The contractor shall understand and agree that for purposes of this document the “privileging procedures” shall be defined as a specific scope and content of patient care services that are authorized for the contractor’s personnel, by the state agency’s home, based on evaluation of the contractor’s personnel credentials and performance.

2.7 Reporting and Recordkeeping Requirements:

2.7.1 The contractor shall maintain records of all radiology services rendered to the residents of the state agency as required by Federal and State laws. Upon request by the state agency, the contractor shall make such records available to the state agency for the state agency's survey process.

2.8 Electronic Funds Transfer, Invoicing, and Payment Requirements:

2.8.1 Electronic Funds Transfer (EFT): The State of Missouri will submit contract payments to the contractor at the remittance address listed in the contractor’s MissouriBUYS (WebProcure/Proactis) vendor registration. However, the contractor understands and agrees the state reserves the right to make contract payments to the contractor through electronic funds transfer (EFT). Therefore, prior to any payments becoming due under the contract, the contractor must verify and update, if applicable, their vendor registration with their current remittance address and ACH-EFT payment information at https://MissouriBUYS.mo.gov.

2.8.2 Invoicing: The state agency will identify the state agency residents who have Medicare, a private source of payment, private insurance, or are considered "Full Cost of Care", and will provide appropriate billing information to the contractor on a monthly basis. The contractor shall invoice in accordance with the following:

a. For residents with Medicare/Medicaid, and/or private insurance, who are not Full Cost of Care, the contractor shall invoice the resident’s insurance in accordance with Medicare/Medicaid regulations for the services provided. For co-insurance or remaining balances, the contractor shall bill the resident or the residents responsible party directly for the services provided.

https://missouribuys.mo.gov/

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b. For residents considered Full Cost of Care, the contractor shall submit an itemized invoice to the applicable state agency home for the services provided. The contractor’s itemized invoice shall include the following information:

1) Resident's names;

2) Medical record number;

3) Type of imaging ordered;

4) Date of imaging;

5) Cost per image; and

6) Total amount due.

c. Any residents that the contractor sees to have no insurance information or payment source via the electronic interface, shall:

1) Confirm with the state agency home point of contact that no insurance and/or payor source exist;

2) Obtain approval from the state agency home administrator, or designee, for the imaging to be completed; and

3) Invoice the state agency home for the services provided. The contractor’s itemized invoice shall include the following information:

i. Resident’s names;

ii. Medical record number;

iii. Type of imaging ordered;

iv. Date of imaging;

v. Cost per image; and

vi. Total amount due.

d. For claims denied by Medicare, Medicaid, or private insurance, the contractor must notify the state agency home as to the reason for the denial and work to gain proper diagnosis and billing information to appeal the denial. The denial and appeal decision shall be provided to the state agency home before payment can be remitted to the contractor for no source of payment.

e. For radiology services provided in the vendor’s price list or catalog, the contractor’s invoice shall not exceed the Medicare/Medicaid billable rate.

2.8.3 The contractor shall use uniquely identifiable invoice numbers to distinguish an invoice from a previously submitted invoice and shall include on the invoice the remittance address listed in the contractor’s MissouriBUYS (WebProcure/Proactis) vendor registration.

2.8.4 Each contractor invoice must be on the contractor’s original descriptive business invoice form and must contain a unique invoice number and the remittance address included in the contractor’s MissouriBUYS (WebProcure/Proactis) vendor registration. The invoice number will be listed on the state’s EFT addendum record to enable the contractor to properly apply state payments to invoices. The contractor must comply with all other invoicing requirements stated in the IFB.

2.8.5 The statewide financial management system has been designed to capture certain receipt and payment information. For each purchase order received, an invoice must be submitted that references the purchase order number and should be itemized in accordance with items listed on the purchase order.

Failure to comply with this requirement may delay processing of invoices for payment.

2.8.6 The contractor shall not invoice federal or state taxes unless otherwise required under law or regulation.

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2.8.7 Payments - The contractor shall be paid the firm, fixed price per service for Full Cost of Care residents as specified on the Pricing Page of the contractor’s awarded bid.

a. Payments are due upon receipt of a valid invoice, payable in 30 calendar days. All invoices for equipment, supplies, and/or services purchased by the State of Missouri shall be subject to late payment charges as provided in section 34.055, RSMo.

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

c. The State of Missouri assumes no obligation for equipment, supplies, and/or services shipped or provided in excess of the quantity ordered. Any unauthorized quantity is subject to the state's rejection and shall be returned at the contractor's expense.

d. The contractor may obtain detailed information for payments issued for the past 24 months from the State of Missouri’s central accounting system (SAM II) on the Vendor Services Portal at https://www.vendorservices.mo.gov/vendorservices/Portal/Default.aspx.

2.8.8 If the state agency denies a request by the contractor for payment, the state agency will provide the contractor with written notice of the reason(s) for denial.

2.8.9 If the contractor is overpaid by the state agency the contractor, upon notification by the state agency, shall provide the state agency (1) with a check payable as instructed by the state agency or (2) deduct the overpayment from the invoice(s) as requested by the state agency.

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

****END OF SCOPE OF WORK SECTION****

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

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3. TERMS AND CONDITIONS SECTION

3.1 Applicable Laws and Regulations:

3.1.1 The contract shall be construed according to the laws of the State of Missouri. The contractor and the

State of Missouri must follow all applicable federal, state, and local laws and regulations that apply to the performance of the contract. To the extent that a provision of the contract is contrary to the Constitution or laws of the State of Missouri or of the United States, the provisions shall be void and unenforceable. However, the balance of the contract shall remain in force between the parties unless terminated by consent of both the contractor and department.

3.2 Non-Discrimination and Affirmative Action:

3.2.1 The contractor must comply with applicable federal and state laws and regulations addressing discrimination in employment.

3.3 Americans with Disabilities Act:

3.3.1 In connection with the furnishing of equipment, supplies, and/or services under the contract, the contractor and all subcontractors shall comply with all applicable requirements and provisions of the Americans with Disabilities Act (ADA), ADA is 42 U.S.C. section 1201, et seq.

3.4 Authorized Personnel/E-Verify:

3.4.1 For work performed under the contract, the contractor shall only employ personnel authorized to work in the United States in accordance with applicable federal and state laws, including section 285.530, RSMo and Executive Order 07-13. If the contractor employs personnel not authorized to work in the United States, the state shall have the right to cancel the contract immediately without penalty or recourse, and to pursue any other remedies permitted by the contract or by applicable state or federal law.

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

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

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

3.5 Business Associate Agreement:

3.5.1 Some of the state agencies and the contractor are both subject to and must comply with provisions of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), as amended by the Health Information Technology for Economic and Clinical Health Act (HITECH) (PL-111-5) and all regulations promulgated pursuant to authority granted therein. The contractor shall abide by a Business Associate Agreement. The state’s current Business Associate Agreement is contained in Attachment 1.

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

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3.6 Business Registration:

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

3.7 Elected or Appointed Officials and Employees:

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

3.8 Indemnification:

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

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

3.9 Legal Proceedings:

3.9.1 For any legal action or other proceedings, per section 27.050 and section 27.060, RSMo, the Missouri

Attorney General is given the authority to represent the State of Missouri’s interests. The venue for any legal proceeding relating to or arising out of the IFB or resulting contract shall be in circuit court for Cole County, Missouri or the United States District Court for the Western District of Missouri, Central Division.

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

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

3.10 Federal Funds Requirements:

3.10.1 The contractor shall understand and agree that the contract may involve the use of federal funds. The contractor shall comply with applicable Federal Funds Requirements, as amended by the federal government, which may include some or all of the paragraphs contained in Exhibit O or other requirements identified by the federal government.

3.11 Invoicing and Payment:

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

3.12 Non-Appropriation of Funds:

3.12.1 The contractor understands and agrees that funds required to fund the contract must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the contract period.

The contract shall not be binding upon the state for any period in which funds have not been appropriated, have been withheld, or have been restricted, and the state shall not be liable for any costs

DPS MO VET COMM 0000000016SL Page 16 associated with termination caused by lack of appropriations or authority to spend. This includes, but is not limited to, the provisions of the Mo. Const. Article IV, sections 23, 27, 28 and in sections 33.030 and 33.065, RSMo and 1 CSR 10-3.010 (1)(B).

3.13 Work Outside the United States:

3.13.1 Unless work outside the United States is prohibited by the IFB, any work performed outside of the

United States for the contract must comply with Executive Order 04-09.

3.14 Open Records:

3.14.1 Pursuant to section 610.021, RSMo, the contract and related documents are available for public review.

3.15 Protests:

3.15.1 Any bid award protest must be received within ten (10) state business days after the date of award in accordance with the requirements of 1 CSR 40-1.050.

3.16 Record Access:

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

3.17 State Preferences:

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

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

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

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

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

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

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4. GENERAL CONTRACTUAL REQUIREMENTS SECTION

4.1 Contract Definition:

4.1.1 A binding contract shall consist of the following documents:

a. the most current version of the IFB (including all Exhibits and Attachments included in the IFB) as amended by: IFB amendment(s) issued prior to bid closing, and contract amendment(s);

b. the most current version of the contractor’s bid, state-requested clarification responses, and contract amendment responses;

c. the department’s acceptance of the response (bid) by “notice of award”.

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

4.1.3 The vendor’s response, whether responding to a mandatory requirement or a desired attribute, will be binding upon the contractor in the event the vendor’s response is accepted by the state and a contract is awarded.

4.1.4 The contractor further agrees that the language of the IFB shall govern in the event of a conflict with the contractor’s response.

4.1.5 The contractor shall agree to furnish all awarded services specified in the contract, at the prices quoted therein.

4.1.6 A notice of award issued by the State of Missouri does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with services. Before providing services for the State of Missouri, the contractor must receive a properly authorized purchase order or other form of written authorization to proceed from the state, such as an order form, (in addition to the department’s “notice of award”).

4.1.7 The department will sign or “click-through” and accept agreements if required by the contractor to receive services; however, all provisions of such agreements that conflict with the contract shall have no force or effect.

4.2 Contract Amendment:

4.2.1 All changes to the contract must be accomplished by a formal contract amendment executed by both the contractor and the department prior to the effective date of such change. No other means shall be used or construed as an amendment or modification to the contract.

4.3 Contract Period:

4.3.1 The original contract period shall be as specified on the cover page and the subsequent Notice of Award of the IFB.

4.3.2 Renewal Option(s): The department shall have the right, at its sole option, to renew the contract for two additional one-year period(s), 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.

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4.4 Contract Pricing:

4.4.1 All prices shall be firm, fixed, and as indicated in the Exhibit C, Pricing Pages. The state shall not pay nor be liable for any other additional costs, including but not limited to taxes, shipping charges, insurance, interest, penalties, termination payments, liquidated damages, attorney fees, etc.

4.4.2 Renewal Pricing: If the option for renewal is exercised by the department, the contractor shall agree that the prices for the renewal period shall not exceed the prices for the applicable renewal period stated on the Exhibit C, Pricing Pages.

a. If renewal prices are not provided with the accepted response, then prices during the renewal period shall be the same as the original contract period pricing.

b. In addition, the contractor shall understand and agree that any renewal period increases specified in the contract are not automatic. At the time of contract renewal, if the state determines funding does not permit the specified renewal pricing increase or even a portion thereof, the renewal pricing shall remain the same as during the previous contract period. If such action is rejected by the contractor, the contract may be terminated, and a new procurement process may be conducted. The contractor shall also understand and agree the state may determine funding limitations necessitate a decrease in the contractor’s pricing for the renewal period(s). If such action is necessary and the contractor rejects the decrease, the contract may be terminated, and a new procurement process may be conducted.

4.5 Termination for Convenience:

4.5.1 The department reserves the right to terminate the contract at any time, for the convenience of the State of Missouri, without penalty or recourse, by giving written notice to the contractor at least thirty (30) calendar days prior to the effective date of such termination. The contractor shall be entitled to receive compensation for services and supplies delivered to and accepted by the State of Missouri pursuant to the contract prior to the effective date of termination.

4.6 Cancellation for Breach of Contract:

4.6.1 In the event of material breach of the contractual obligations by the contractor, the department may cancel the contract. At its sole discretion, the department may give the contractor an opportunity to cure the breach or to explain how the breach will be cured. As specified by the department, the actual cure must be completed within no more than ten (10) state business days from notification, or at a minimum the contractor must provide the department within ten (10) state business days from notification a written plan detailing how the contractor intends to cure the breach.

4.6.2 If the contractor fails to cure the breach or if circumstances demand immediate action, the department will issue a notice of cancellation terminating the contract immediately. If it is determined the department improperly cancelled the contract, such cancellation shall be deemed a termination for convenience in accordance with the contract.

4.6.3 If the department cancels the contract for breach, the department reserves the right to obtain the equipment, supplies, and/or services to be provided pursuant to the contract from other sources and upon such terms and in such manner as the department deems appropriate and charge the contractor for any additional costs incurred thereby.

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

General Assembly of the State of Missouri for each fiscal year included within the contract period. The contract shall not be binding upon the state for any period in which funds have not been appropriated or where the funds are withheld by the governor, and the state shall not be liable for any costs associated with termination caused by lack of appropriations or due to the governor’s withholding.

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4.7 Incoming and Outgoing Transition:

4.7.1 Incoming Transition: Upon state agency authorization to proceed with services, the contractor shall work with the state agency and any other organizations designated by the state agency to facilitate an orderly transition of services and responsibilities under the contract and to ensure the continuity of those services required by the state agency.

4.7.2 Outgoing Transition: Upon expiration, termination, or cancellation of the contract, the contractor shall work with the state agency and any other organizations designated by the state agency to ensure an orderly and smooth transfer of responsibility and continuity of those services required under the terms of the contract. If requested by the state agency, the contractor shall provide and/or perform any or all of the following responsibilities:

a. The contractor shall discontinue providing services or accepting new assignments, on the date specified by the state agency, in order to ensure the completion of such service prior to the expiration of the contract.

b. If requested by the state, the contractor shall agree to continue providing any part or all of the services in accordance with the terms and conditions, requirements and specifications of the contract for a period of up to 180 calendar days (or 60 calendar days in the event of termination by the State of Missouri for breach) after the expiration, termination or cancellation date of the contract for a price not to exceed those prices set forth in the contract. If such request is made by the state, an appropriate contract amendment will be issued.

c. Unless specified elsewhere herein, there shall be no additional costs paid to the contractor for transition services.

d. The contractor shall not accept any new residents on behalf of the state agency nor be paid for service to any new residents by the state agency if service is implemented after the termination or cancellation date of the contract. In the event that services for a resident are referred or transferred to another organization, the contractor shall furnish all records, treatment plans, and recommendations, which are necessary to ensure continuity and consistency of care for the resident.

e. If requested in writing via formal contract amendment, the contractor shall continue providing any part or all of the services in accordance with the terms and conditions, requirements and specifications of the contract for a period not to exceed 60 calendar days after the expiration, termination, or cancellation date of the contract for a price not to exceed those prices set forth in the contract.

1) The contractor must obtain specific written approval from the state agency prior to providing continuing services to any resident after the termination or cancellation of the contract. The written approval must identify the specific resident and contain a date for the termination of service for the resident.

2) The decision to allow a resident to receive continuing services shall be made by the state agency on a case-by-case basis at its sole discretion.

4.8 Contract Assignment:

4.8.1 Any contract assignment, except as noted below, shall require prior written consent by the state, which shall not be unreasonably…