IFB605CO22000200_Mar_31_25_solicitation_doc.pdf

Solicitation Number: IFB605CO22000200

Oil Distributors - Multiple Award

MoDOT Invitation to Bid (IFBR)

MoDOT - Dept of Transportation

September 03, 2021 - September 23, 2021

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General Header Information

IFB605CO22000200

No. IFB605CO22000200 Title: Oil Distributors - Multiple Award Start Date: September 03, 2021 at 8:00:00 AM CDT End Date: September 23, 2021 at 2:00:00 PM CDT Vendor Q&A Start Date:

Vendor Q&A End Date:

Estimated Total Value:

Who can respond to this bid? : All Vendors Description: This Invitation to Bid (IFB) seeks bids from qualified organizations to provide Oil Distributors to the Missouri Dept. of Transportation (MoDOT).

The award period shall commence from the date of contract award until September 30, 2024 with up to two (2) one-year renewals periods or any portion thereof. We will receive bids electronically through MissouriBUYS, by mail through USPS, UPS, or FEDEX. If you intend to submit a hard copy bid, you must notify the buyer of record five (5) days before the solicitation closing date. MoDOT will not accept any bid responses by email.

Delivery Terms: Free On Board Destination Payment Terms: Net 45 Days Contact Information: MoDOT - Dept of Transportation

Ryan Reed, MoDOT Buyer Missouri Dept. of Transportation, General Services Division Physical Address: 830 MoDOT Drive Jefferson City MO, 65109 United States Mailing Address: P. O. Box 270, Jefferson City, MO 65102 United States Tel: 573-751-3685 Fax: 573-526-6948 Ryan.Reed@modot.mo.gov

Contact Details: If you have any questions, please contact:

Ryan Reed, MoDOT Buyer Missouri Dept. of Transportation, General Services Division Physical Address: 830 MoDOT Drive Jefferson City MO, 65109 United States Mailing Address: P. O. Box 270, Jefferson City, MO 65102 United States Tel: 573-751-3685 Fax: 573-526-6948 Ryan.Reed@modot.mo.gov

Selected Categories:

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Header Custom Fields:

IFB605CO22000200

NOTICE

Vendor Responsibility

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.

The State of Missouri's Privacy Policy can be accessed here.

VENDOR'S INSTRUCTIONS

Submission of Bids Vendors should be aware there are exhibits attached to the documentation of the attached

IFB. Vendors should fill out and sign all exhibits and attach all required documentation that applies to their bid.

MODOT Section Numbering

Section Numbering All section numbering contained in this solicitation is for the convenience of reference only and is not intended to define or limit the scope of any provision of this solicitation and may not be sequential.

Addenda

Addendum 1 This addendum is to identify a correction to the Group Name in the Item Specifications and

Quantities. The original group name was "1,1750 - 2,000 Gal. Oil Distributor with Cab/Chassis", it now reads "1,750 - 2,000 Gal. Oil Distributor with Cab/Chassis".

Addendum 2 http://www.mo.gov/privacy-policy/

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This addendum is in response to a Bidder's question.

Bidder Question: Under Items Specifications and Quantities, [OD5 OP ] Portable LPG Burner. Are you looking for portable propane tank with a torch mounted on truck?

MoDOT Response: It is referring to a hand-held liquid fueled burner with about 25 feet of hose, supplied by the propane tank mounted on the distributor.

Addendum 2 This addendum is in response to a Bidder's question.

Bidder Question: Under Items Specifications and Quantities, [OD5 OP ] Portable LPG Burner. Are you looking for portable propane tank with a torch mounted on truck?

MoDOT Response: It is referring to a hand-held liquid fueled burner with about 25 feet of hose, supplied by the propane tank mounted on the distributor.

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Solicitation Requirements:

IFB605CO22000200

MoDOT Instructions for Submitting a Response

Instructions for Submitting a Response

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The Missouri Department of Transportation advertises all bid solicitation documents on the

MissouriBUYS Bid Board (https://www.missouribuys.mo.gov). MissouriBUYS is the State of

Missouri’s web-based statewide eProcurement system which is powered by WebProcure, through our partner, Perfect Commerce.

IMPORTANT NOTICE TO ALL VENDORS:

The Missouri Department of Transportation prefers receipt of all bid responses as electronic submissions. Hard copy submissions may be permitted based on the circumstances and content of the relevant solicitation with the approval of the buyer five (5) business days prior to the solicitation close date.

The solicitation as it appears digitally on the MissouriBUYS website is the official document of record. It is incumbent on the Vendor to inspect and ensure any downloaded or printed version of the solicitation that it contains all information, terms and conditions contained in the solicitation as it appears digitally on the MissouriBUYS website. In the event of any dispute regarding the contents of the solicitation, the solicitation as it appears digitally on the MissouriBUYS website shall take precedence and priority over any other downloaded or printed version of the solicitation.

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.

To respond electronically to a solicitation, the vendor must first register with MissouriBUYS by going to the MissouriBUYS Home Page (https://missouribuys.mo.gov), clicking the “Register” button at the top of the page, and completing the Vendor Registration. Once registered the vendor should log back into MissouriBUYS and edit their profile by selecting the organizational contact(s) that should receive an automated confirmation of the vendor’s electronic bid responses successfully submitted to the state.

To respond electronically to a solicitation, the vendor must login to MissouriBUYS and locate the desired solicitation on the Bid Board. The vendor must read and accept the current Solicitation

Documents and any subsequent addendums, as well as complete pricing and any other identified requirements. Vendors should upload their completed response to these accepted documents

(including exhibits, forms, and other information concerning the solicitation) as an attachment to the electronic solicitation response. Step-by-step instructions for how a registered vendor responds to a solicitation electronically are available on the MissouriBUYS system at:

https://missouribuys.mo.gov/sites/missouribuys/files/How_To_Respond_To_A_Solicitation.pdf https://www.missouribuys.mo.gov https://missouribuys.mo.gov https://missouribuys.mo.gov/sites/missouribuys/files/How_To_Respond_To_A_Solicitation.pdf

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Addendum Document: If an addendum document is subsequently issued, please follow these steps to accept the addendum document(s).

1. If you have not accepted the original solicitation document go to the Overview page, find the section titled, Original Solicitation Documents, review the solicitation document(s) then click on the box under Select, and then click on the Accept button.

2. To accept the addendum document, on the Overview page find the section titled Addendum

Document, review the addendum document(s) then click on the box under Select, and then click on the Accept button.

Note: If you submitted an electronic response prior to the addendum date and time, you should review your solicitation response to ensure that it is still valid by taking into consideration the revisions addressed in the addendum document. If a revision is needed to your solicitation response and/or to indicate your acceptance of the addendum document, you will need to retract your response and re-submit your response by following these steps:

1. Log into MissouriBUYS.

2. Select the Solicitations tab.

3. Select View Current Solicitations.

4. Select My List.

5. Select the correct Opportunity Number (Opportunity No); the Overview page will display.

6. Click on Review Response from the navigation bar.

7. Click on Retract if your response needs to be revised.

8. A message will come up asking, “Are you sure you want to retract the Bid”. Click on Continue to confirm.

9. Click on Respond and revise as applicable.

10. Click on Review Response from the navigation bar and then click on Submit to submit your response.

MoDOT STANDARD SOLICITATION PROVISIONS

1.1. Standard Provisions

The solicitation for the procurement of the supplies referenced therein, to which these Standard Bid

Provisions, General Terms and Conditions and Special Terms and Conditions, is being issued under, and governed by, the provisions of Title 7 - Missouri Department of Transportation, Division 10, Missouri

Highways and Transportation Commission, Chapter 11- Procurement of Supplies, of the Code of State

Regulations. The Missouri Highways and Transportation Commission (MHTC), acting by and through its operating arm, the Missouri Department of Transportation (MoDOT), draws the Bidders attention to said 7

CSR 10-11 for all the provisions governing solicitation and receipt of bids/quotes and the award of the contract pursuant to this solicitation.

1.2 Standard Provisions

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All bids/quotes must be submitted by a responsible officer or employee of the firm. Obligations assumed by such submission must be fulfilled.

1.3 Standard Provisions

Work is to be performed under the general supervision and direction of MoDOT and, if awarded any portion of the work, the Contractor agrees to furnish at his/her own expense all labor and equipment required to complete the work, it being expressly understood that this solicitation is for completed work based upon the price(s) specified according to the requirements and specifications detailed within the solicitation documents.

MoDOT IFB GENERAL TERMS AND CONDITIONS

2.1 Definitions

Capitalized terms as well as other terms used but not defined herein shall have the meaning assigned to them in section 7 CSR 10-11.010 Definition of Terms. Whenever the following words and expressions appear in an Invitation for Bid (IFB) document or any addendum thereto, the definition or meaning described below shall apply.

2.1.1. Addendum means a written official modification to an IFB.

2.1.2. Amendment means a written official modification to a contract.

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

2.1.4. Bid end date and time and similar expressions mean the exact deadline required by the IFB for the receipt of bids.

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

2.1.6. Invitation for Bid (IFB) means the solicitation document issued to potential vendors for the purchase of equipment, supplies, and/or services as described in the document. The definition includes these Terms and Conditions as well as all Pricing Pages, Exhibits, Attachments, and Addendums thereto.

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

2.1.8. Must means a certain feature, component, or action is a mandatory condition. Failure to provide or comply will result in a bid being considered non-responsive.

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

2.1.10. Revised Statutes of Missouri (RSMo) refers to the body of laws enacted by the Legislature which govern the operations of all agencies of the State of Missouri.

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

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

2.2 Nondiscrimination

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The Contractor shall comply with all state and federal statutes applicable to the Contractor relating to nondiscrimination, including, but not limited to, Chapter 213, RSMo; Title VI and Title VII of Civil

Rights Act of 1964 as amended (42 U.S.C. Sections 2000d and 2000e, et seq.); and with any provision of the Americans with Disabilities Act (42 U.S.C. Section 12101, et seq)..

2.2.1 Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the nondiscrimination provisions of this contract, MHTC shall impose such contract sanctions as it or the Federal

Highway Administration may determine to be appropriate, including, but not limited to:

2.2.1.1 withholding of payments to the Contractor under the contract until the Contractor complies, and/or,

2.2.1.2 cancellation, termination or suspension of the contract, in whole or in part.

2.3 Contract/Purchase Order

By submitting a response, the Bidder agrees to furnish any and all equipment, supplies and/or services specified in the solicitation documents, at the prices quoted, pursuant to all requirements and specifications contained therein.

2.3.1. A binding contract shall consist of: (1) the solicitation documents, amendments thereto, and/or Best and Final Offer (BAFO) request(s) with any changes/additions, (2) the Contractor's bid response, and (3) the

MHTCs acceptance of the bid by post-award contract or purchase order.

2.3.2. A notice of award does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with services. Before providing equipment, supplies and/or services, the Contractor must receive a properly authorized notice to proceed and/or purchase order

2.4 Applicable Laws and Regulations

The contract shall be construed according to the laws of the State of Missouri. The Contractor shall comply with all applicable local, state, and federal laws and regulations related to the performance of the contract. The exclusive venue for any legal proceeding relating to or arising, out of the contract shall be in the Circuit Court of Cole County, Missouri.

2.4.1. The Contractor must be registered and maintain good standing with the Secretary of State of the

State of Missouri, Missouri Department of Revenue, and other regulatory agencies, as may be required by law or regulations. Prior to the issuance of a purchase order and/or notice to proceed, the Contractor may be required to submit to MHTC a copy of their current Authority Certificate from the Secretary of State of the

State of Missouri and/or a copy of their Certificate of No Tax Due from the Missouri Department of Revenue.

2.4.2. Prior to the issuance of a purchase order and/or notice to proceed, all out-of-state Contractors providing services in the state of Missouri must submit to MHTC a copy of their current Transient Employer

Certificate from the Missouri Department of Revenue, and a current Certificate of Registration from the

Secretary of State of the state of Missouri.

2.5 Open Competition and IFB Document

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It shall be the vendor's responsibility to ask questions, request changes or clarification, or otherwise advise MoDOT if any language, specifications or requirements of an IFB appear to be ambiguous, contradictory, and/or arbitrary, or appear to inadvertently restrict or limit the requirements stated in the IFB to a single source. Any and all communication from vendors regarding specifications, requirements, competitive bid process, etc., must be directed to the IFB Contact, unless the IFB specifically refers the vendor to another contact. Such e-mail, fax, or phone communication should be received at least ten calendar days prior to the official bid end date.

2.5.1. 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 bid process, all vendors will be advised, via the issuance of an addendum to the IFB, of any relevant or pertinent information related to the procurement. Therefore, vendors are advised that unless specified elsewhere in the IFB, any questions received less than ten calendar days prior to the IFB end date may not be answered.

2.5.2. Vendors are cautioned that the only official position of the MHTC is that which is issued in the IFB or an addendum thereto. No other means of communication, whether oral or written, shall be construed as a formal or official response or statement.

2.5.3. The IFB is available for viewing and downloading on the MissouriBUYS Statewide eProcurement

System. Registered vendors are electronically notified of those bid opportunities that match the commodity codes for which the vendor registered in MissouriBUYS. If a registered vendors e-mail address is incorrect, the vendor must update the e-mail address themselves on the state's MissouriBUYS Statewide eProcurement System at https://missouribuys.mo.gov/.

2.5.4. MoDOT reserves the right to officially amend or cancel an IFB after issuance. It shall be the sole responsibility of the vendor to monitor the MissouriBUYS Statewide eProcurement System to obtain a copy of the addendum(s). Registered vendors who received e-mail notification of the bid opportunity when the

IFB was established and registered vendors who have responded to the IFB on-line prior to an addendum being issued, should receive e-mail notification of the addendum(s). Registered vendors who received e-mail notification of the bid opportunity when the IFB was established and registered vendors who have responded to the bid on-line prior to a cancellation being issued, should receive e-mail notification of a cancellation issued prior to the exact end date and time specified in the IFB.

2.6 Preparation of Bids

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Vendors must examine the entire IFB carefully. Failure to do so shall be at the vendor's risk.

2.6.1. Unless otherwise specifically stated in the IFB, all specifications and requirements constitute minimum requirements. All bids must meet or exceed the stated specifications and requirements.

2.6.2. Unless otherwise specifically stated in the IFB, any manufacturer names, trade names, brand names, information and/or catalog numbers listed in a specification and/or requirement are for informational purposes only and are not intended to limit competition. The vendor may offer any brand which meets or exceeds the specification for any item, but must state the manufacturer's name and model number for any such brands in the bid. In addition, the vendor shall explain, in detail, (1) the reasons why the proposed equivalent meets or exceeds the specifications and/or requirements and (2) why the proposed equivalent should not be considered an exception thereto. Bids which do not comply with the requirements and specifications are subject to rejection without clarification.

2.6.3. Bids lacking any indication of intent to bid an alternate brand or to take an exception shall be received and considered in complete compliance with the specifications and requirements as listed in the IFB.

2.6.4. In the event that the vendor is an agency of state government or other such political subdivision which is prohibited by law or court decision from complying with certain provisions of an IFB, such vendor may submit a bid which contains a list of statutory limitations and identification of those prohibitive clauses.

The vendor should include a complete list of statutory references and citations for each provision of the IFB, which is affected by this paragraph. The statutory limitations and prohibitive clauses may (1) be requested to be clarified in writing or (2) be accepted without further clarification if the statutory limitations and prohibitive clauses are deemed acceptable. If MHTC determines clarification of the statutory limitations and prohibitive clauses is necessary, the clarification will be conducted in order to agree to language that reflects the intent and compliance of such law and/or court order and the IFB.

2.6.5. All equipment and supplies offered in a bid must be new, of current production, and available for marketing by the manufacturer unless the IFB clearly specifies that used, reconditioned, or remanufactured equipment and supplies may be offered.

2.6.6. Prices shall include all packing, handling and shipping charges FOB destination, freight prepaid and allowed unless otherwise specified in the IFB.

2.6.7. Bids, including all pricing therein, shall remain valid for 90 days from bid opening unless otherwise indicated. If the bid is accepted, the entire bid, including all prices, shall be firm for the specified contract period.

2.6.8. Any foreign vendor not having an Employer Identification Number assigned by the United States

Internal Revenue Service (IRS) must submit a completed IRS Form W-8 prior to or with the submission of their bid in order to be considered for award.

2.7 Submission of Bids

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Registered vendors may submit bids electronically through the MissouriBUYS Statewide eProcurement System at https://missouribuys.mo.gov/ or by delivery of a hard copy to the Contact address shown on the Solicitation General Header Information. Vendors that have not registered on the MissouriBUYS Statewide eProcurement System may submit bids hard copy to the Contact address shown on the Solicitation General Header Information. Delivered bids must be sealed in an envelope or container, and received in the required location no later than the exact end date and time specified in the IFB. All bids must (1) be submitted by a duly authorized representative of the vendors organization, (2) contain all information required by the IFB, and (3) be priced as required. It shall be the responsibility of the vendor to ensure their bid is in the required location no later than the exact end date and time specified in the IFB.

2.7.1. The sealed envelope or container containing a bid should be clearly marked on the outside with (1) the official IFB number and (2) the official end date and time. Different bids should not be placed in the same envelope, although copies of the same bid may be placed in the same envelope.

2.7.2. A bid submitted electronically by a registered vendor may be modified on-line prior to the official end date and time. A bid which has been delivered to the Purchasing office may be modified by signed, written notice which has been received in the required location prior to the official end date and time specified. A bid may also be modified in person by the vendor or its authorized representative, provided proper identification is presented before the official end date and time. Telephone or telegraphic requests to modify a bid shall not be honored.

2.7.3. A bid submitted electronically by a registered vendor may be retracted on-line prior to the official end date and time. A bid which has been delivered to the required location may only be withdrawn by a signed, written document on company letterhead transmitted via mail, e-mail, or facsimile which has been received at the required location prior to the official end date and time specified. A bid may also be withdrawn in person by the vendor or its authorized representative, provided proper identification is presented before the official end date and time. Telephone or telegraphic requests to withdraw a bid shall not be honored.

2.7.4. A bid may also be withdrawn after the bid opening through submission of a written request by an authorized representative of the vendor. Justification of withdrawal decision may include a significant error or exposure of bid information that may cause irreparable harm to the vendor.

2.7.5. When submitting a bid electronically, the registered vendor indicates acceptance of all IFB requirements, terms and conditions by clicking on the Review and Submit button on the Response Review tab.

2.7.6. Faxed bids shall not be accepted. However, faxed and e-mail no-bid notifications shall be accepted.

2.8 Bid Opening

Bid openings are public on the end date and at the opening time specified on the IFB document.

Names and prices of the respondents shall be read at the bid opening. All vendors may view the same bid response information on the MissouriBUYS Statewide eProcurement System. Purchasing will not provide prices or other bid information via the telephone.

2.8.1. Bids which are not received in the Purchasing office prior to the official end date and time shall be considered late, regardless of the degree of lateness, and normally will not be opened.

https://missouribuys.mo.gov/

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2.9 Evaluation and Award

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Any clerical error, apparent on its face, may be corrected by the buyer before contract award. Upon discovering an apparent clerical error, the buyer shall contact the vendor and request clarification of the intended bid. The correction shall be incorporated in the notice of award. Examples of apparent clerical errors are: 1) misplacement of a decimal point; and 2) obvious mistake in designation of unit.

2.9.1. Any pricing information submitted shall be subject to evaluation if deemed to be in the best interest of the MHTC.

2.9.2. The vendor is encouraged to propose price discounts for prompt payment or propose other price discounts that would benefit the MHTC. However, unless otherwise specified in the IFB, pricing shall be evaluated at the maximum potential financial liability to the MHTC.

2.9.3. Awards shall be made to the vendor whose bid (1) complies with all mandatory specifications and requirements of the IFB and (2) is the lowest and best bid, considering price, responsibility of the vendor, and all other evaluation criteria specified in the IFB and (3) complies with all applicable Missouri statutes and Executive Orders.

2.9.4. In the event all vendors fail to meet the same mandatory requirement in an IFB, MHTC reserves the right, at its sole discretion, to waive that requirement for all vendors and to proceed with the evaluation. In addition, MHTC reserves the right to waive any minor irregularity or technicality found in any individual bid.

2.9.5. MHTC reserves the right to reject any and all bids. When all bids are non-responsive or otherwise unacceptable and circumstances do not permit a rebid, MHTC may negotiate for the required supplies.

2.9.6. When evaluating a bid, the MHTC reserves the right to consider relevant information and fact, whether gained from a bid, from a vendor, from vendor references, or from any other source.

2.9.7. Any information submitted with the bid, regardless of the format or placement of such information, may be considered in making decisions related to the responsiveness and merit of a bid and the award of a contract.

2.9.8. Any award of a contract shall be made by notification to the successful vendor. MHTC reserves the right to make awards by item, group of items, or an all or none basis unless otherwise identified in the solicitation. The grouping of items awarded shall be determined based upon factors such as item similarity, location, administrative efficiency, or other considerations in the best interest of the MHTC.

2.9.9. All bids and associated documentation which were submitted on or before the official end date and time will be considered open records pursuant to section 610.021, RSMo, following the official opening of bids.

2.9.10. The MHTC posts all bid results on the MissouriBUYS Statewide eProcurement System website for all vendors to view for a reasonable period of time after bid award.

2.9.11. The MHTC reserves the right to request clarification of any portion of the vendor response in order to verify the intent of the vendor. The vendor is cautioned, however, that its response may be subject to acceptance or rejection without further clarification.

2.9.12. Any bid award protest must be received within ten (10) calendar days after the date of award in accordance with the requirements of 7

CSR 10-11.020 (10).

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2.9.13. The final determination of contract award(s) shall be made by the MHTC.

2.10 Executive Order

The Contractor shall comply with all the provisions of Executive Order 07-13, issued by the

Honorable Matt Blunt, Governor of Missouri, on the sixth (6th) day of March, 2007. This Executive

Order, which promulgates the State of Missouri's position to not tolerate persons who contract with the state engaging in or supporting illegal activities of employing individuals who are not eligible to work in the United States, is incorporated herein by reference and made a part of this Agreement.

2.10.1. The Contractor hereby certifies that any employee of the Contractor assigned to perform services under the contract is eligible and authorized to work in the United States in compliance with federal law.

2.10.2. In the event the Contractor fails to comply with the provisions of the Executive Order 07-13, or in the event the Commission has reasonable cause to believe that the contractor has knowingly employed individuals who are not eligible to work in the United States in violation of federal law, the Commission reserves the right to impose such contract sanctions as it may determine to be appropriate, including but not limited to contract cancellation, termination or suspension in whole or in part or both.

2.10.3. The Contractor shall include the provisions of this paragraph in every subcontract. The Contractor shall take such action with respect to any subcontract as the Commission may direct as a means of enforcing such provisions, including sanctions for noncompliance.

2.11 Preferences

In the evaluation of bids/quotes, preferences shall be applied in accordance with 7 CSR 10-

11.020(7). Contractors should apply the same preferences in selecting subcontractors.

2.11.1. Bidders are encouraged to obtain minority business enterprise (MBE) and women business enterprise (WBE) participation in this work through the use of subcontractors, suppliers, joint ventures, or other arrangements that afford meaningful participation for M/WBEs. Bidders are encouraged to obtain 10%

MBE and 5% WBE participation.

2.12 Cancellation of Contract

The MHTC may cancel the Contract at any time for a material breach of contractual obligations or for convenience by providing Contractor with written notice of cancellation. Should the MHTC exercise its right to cancel the contract for such reasons, cancellation will become effective upon the date specified in the notice of cancellation sent to the Contractor.

2.13 Bankruptcy or Insolvency

Upon filing for any bankruptcy or insolvency proceeding by or against the Contractor, whether voluntarily, or upon the appointment of a receiver, trustee, or assignee, for the benefit of creditors, the Commission reserves the right and sole discretion to either cancel the Agreement or affirm the Agreement and hold the

Contractor responsible for damages.

2.14 Warranty

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The Contractor expressly warrants that all equipment, supplies, and/or services provided shall: (1) conform to each and every specification, drawing, sample or other description which was furnished to or adopted by the MHTC, (2) be fit and sufficient for the purpose expressed in the solicitation documents, (3) be merchantable, (4) be of good materials and workmanship, and (5) be free from defect. Such warranty shall survive delivery and shall not be deemed waived either by reason of the MHTC's acceptance of or payment for said equipment, supplies, and/or services.

2.15 Status of Independent Contractor

The Contractor represents itself to be an independent Contractor offering such services to the general public and shall not represent itself or its employees to be an employee of the MHTC. Therefore, the Contractor shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, etc., and agrees to indemnify, save and hold the MHTC, its officers, agents and employees harmless from and against any and all losses

(including attorney fees) and damage of any kind related to such matters.

2.16 Non-Waiver

If one of the parties agrees to waive its right to enforce any term of this Contract, that party does not waive its right to enforce such term at any other time or to enforce any or all other terms of this Contract.

2.17 Indemnification

The Contractor shall defend, indemnify and hold harmless MHTC, including its members and department employees, from any claim or liability whether based on a claim for damages to real or personal property or to a person for any matter relating to or arising out of the Contractor's performance of its obligations under the contract awarded pursuant to this solicitation.

2.18 Right of Acceptance and/or Rejection

MoDOT reserves the right to reject any responses, and to accept or reject any items thereon, and to waive technicalities. In case of error in the extension of prices in the response, unit prices will govern.

2.19 Inspection and Acceptance

No equipment, supplies, and/or services received by MoDOT pursuant to a contract shall be deemed accepted until MoDOT has had reasonable opportunity to inspect said equipment, supplies, and/or services.

2.19.1. All equipment, supplies, and/or services which do not comply with the specifications and/or requirements or which are otherwise unacceptable or defective may be rejected. In addition, all equipment, supplies, and/or services which are discovered to be defective or which do not conform to any warranty of the contractor upon inspection (or at any later time if the defects contained were not reasonably ascertainable upon the initial inspection) may be rejected.

2.19.2. The MHTC reserves the right to return any such rejected shipment at the contractor's expense for full credit or replacement and to specify a reasonable date by which replacements must be received.

2.19.3. The MHTCs right to reject any unacceptable equipment, supplies, and/or services shall not exclude any other legal, equitable or contractual remedies the MHTC may have.

2.20 Invoicing and Payment

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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 must be itemized in accordance with items listed on the purchase order. Failure to comply with this requirement may delay processing of invoices for payment.

2.20.1. The contractor shall not transfer any interest in the contract, whether by assignment or otherwise, without the prior written consent of the MHTC.

2.20.2. Payment for all equipment, supplies, and/or services required herein shall be made in arrears unless otherwise indicated in the IFB.

2.20.3 The MHTC 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.

2.20.4. The State of Missouri reserves the right to purchase goods and services using the state purchasing card.

2.21 Conflict of Interest

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.

2.21.1. The contractor hereby covenants that at the time of the submission of the bid the contractor has no other contractual relationships which would create any actual or perceived conflict of interest. The contractor further agrees that during the term of the contract neither the contractor nor any of its employees shall acquire any other contractual relationships which create such a conflict.

2.22 Tax Exempt Status

MHTC is exempt from paying Missouri Sales Tax, Missouri Use Tax and Federal Excise Tax. However, the

Contractor may themselves be responsible for the payment of taxes on materials they purchase to fulfill the contract.

2.23 Anti-Discrimination Against Israel Act Certification

If a Vendor is awarded a contract over $100,000.00, by signing a contract, the Vendor certifies its company (https://Definition of Company is not currently engaged in and shall not, for the duration of the contract, engage in a boycott of goods or services from the State of Israel, companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of

Israel, or persons or entities doing business in the State of Israel as defined by Section 34.600

RSMo. This certification shall not apply to contracts with a total potential value of less than One

Hundred Thousand Dollars ($100,000) or to contractors with fewer than ten (10) employees.

The Vendor should complete and submit Exhibit M, Anti-Discrimination Against Israel Act

Certification.

2.24 The Domestic Products Procurement Act

https://Definition of Company

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This section only applies to commodity purchases greater than $25,000.00. It does not apply when bidding services.

In accordance with the Domestic Product Procurement Act (hereinafter referred to as the Buy

American Act) sections 34.350 to 34.359, RSMo, the bidder is advised that any goods purchased or leased by any public agency shall be manufactured or produced in the United States.

Bidders 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 bidders 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 bidder 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 section 34.353, RSMo, applies, the Executive Head of the Agency bears the burden of certification as required prior to the award of a contract.

In accordance with the Buy American Act, the bidder must provide proof of compliance with section

34.353, RSMo. Therefore the bidder should complete and return Exhibit N, certification regarding proof of compliance, with the bid. This document must be satisfactorily completed prior to an award of a contract.

If the lowest priced bidder qualifies as American-made or in the event of all the bidders or none of the bidders qualify for the Buy American preference, no further calculation is necessary. In the event the lowest priced bidder does not qualify for the Buy American Preference but other bidders do qualify, then the low bidder’s price(s) is increased by 10% for those items not eligible for the Buy

American Preference.

MoDOT IFB SPECIAL TERMS AND CONDITIONS

3.1 Delivery-Additional Requirements

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3.1.1 The following delivery requirements shall apply:

a. Unless otherwise specified on the solicitation documents or purchase order, suppliers shall give at least 24 hours advance notice of each delivery. Delivery will only be received between the hours of 8:00 a.m. to 3:00 p.m., Monday through Friday. No deliveries will be received on Saturday, Sunday or state holidays.

b. The prices bid herein include the delivery cost of the unit. The bidder agrees to pay all transportation charges on the material as FOB - Destination. Freight costs must be included in the unit price bid and not listed as a separate line item.

1. Unless otherwise specified herein, the bidder shall furnish all material, labor, facilities, equipment, and supplies necessary to provide the deliverables required herein.

c. The bidder shall demonstrate to the District prior to acceptance by the District that the equipment delivered complies fully with the enclosed specifications.

d. Any demurrage is to be paid by the Contractor direct to the railroad or carrier.

e. Each delivered Oil Distributor, including all optional equipment, shall be thoroughly pressure washed with hot water and detergent prior to deliver

1. Oil Distributor and/or optional equipment with residual hydraulic oil from assembly on any component is not acceptable.

2. Each delivered Oil Distributor shall have the listed minimum fluid levels maintained at all times during delivery, including arrival at the specified MoDOT delivery location:

i. Minimum of 1/4 tank of fuel.

ii. Minimum of 1/4 tank of DEF.

f. The bidder shall be financially responsible for all damage to the Oil Distributor received from tranist/shipping.

1. MoDOT shall have five business days after receipt of Oil Distributor to inspect it for damage received during transit/shipping to the delivery location.

i. Damage shall be listed and communicated to the bidder.

ii. The bidder shall address the listed items to the satisfaction of the MoDOT Representative/s before the delivered Oil Distributor is accepted for payment.

g. The bidder shall provide all deliverables to the sole satisfaction of MoDOT.

3.1.2 The bidder shall deliver the products specified herein to the following MoDOT locations:

a. St. Joseph, Missouri 64502

b. Macon, Missouri 63552

c. Hannibal, Missouri 63401

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d. Lee’s Summit, Missouri 64064-8002

e. Jefferson City, Missouri 65102

f. Chesterfield, Missouri 63017-5712

g. Joplin, Missouri 64802

h. Springfield, Missouri 65801

i. Willow Springs, Missouri 65793

j. Sikeston, Missouri 63801

k. Other locations as may be required

3.1.3 The following days shall be construed as official holidays under the terms of the contract:

a. January 1 - New Year's Day

b. Third Monday in January - Martin Luther King, Jr.s Birthday

c. February 12 -Lincoln's Birthday

d. Third Monday in February - Washington's Birthday

e. May 7 - Truman's Birthday

f. Last Monday in May-Memorial Day

g. June 19 - Juneteenth Day

h. July 4 - Independence Day

i. First Monday in September - Labor Day

j. Second Monday in October-Columbus Day

k. November 11 - Veteran's Day

l. Fourth Thursday in November - Thanksgiving Day

m. December 25 - Christmas Day

3.1.4 When any of the above holidays falls on a Sunday, the holiday will be observed on the following Monday; when any of the above holidays falls on a Saturday, the holiday will be observed on the immediately preceding Friday.

3.1.5 Hereinafter, each location shall be also referred to as “individual delivery destination”.

3.2 Liquidated Damages

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3.2.1 In the event the successful Vendor fails to deliver the equipment within the time specified, the

Department and the public will sustain damages because of such delay in delivery, the exact extent of which would be difficult to ascertain, and in order to liquidate such damage in advance it is agreed that the sum of $50 per day, per item, for each assessable calendar day on which the delivery has not been completed, is reasonable and the best estimate which the parties can arrive at as liquidated damages, and it is therefore agreed that said amount will be withheld from payments due the Vendor otherwise collected from the Vendor as liquidated damages.

3.2.2 Saturdays, Sundays, holidays and days where the Department has suspended work shall not be assessable days

3.2.3 In the event that an item does not comply with the specifications as outlined in the bid documents, the vendor shall make all corrections necessary to bring the item into compliance. All costs resulting from this necessary repair/replacement shall be borne by the Vendor and shall be performed within fourteen (14) calendar days of its being reported to the Vendor unless otherwise agreed to by the Department's representative. Liquidated damages for failure to provide compliant products of fifty dollars ($50) per item per day, not to exceed 20% of the total purchase, shall be assessed for each item not in compliance after the fourteen (14) calendar days or the agreed upon deadline.

3.3 General Services Specifications

3.3.1 All equipment bids must comply with the attached MoDOT Specifications, and any other provisions outlined in the solicitation documents. Any deviation from the attached specifications could result in the bid being determined as nonresponsive.

3.4 Increase or Decrease Quantities

MoDOT reserves the right to increase or decrease quantities. The final quantity ordered by

MoDOT shall be furnished at the unit price bid.

3.4.1 The bidder shall provide equipment on an as needed, if needed basis to MoDOT, in accordance with the provisions and requirements stated herein.

3.4.2 MoDOT does not guarantee that any unit(s) will be ordered.

3.4.3 MoDOT reserves the right to obtain "like" or "similar" products as specified herein from other manufacturers, exclusive of the contract, when use of such products is deemed in the best interest of MoDOT.

3.5 Equipment Training

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3.5.1 Specialty equipment purchased shall have training supplied by bidder. Training shall take place where equipment is delivered or at an off- site location at the bidder's expense. A qualified operator, service technician, or mechanic shall conduct the training. Training will be supplied to designated operators and mechanics of equipment and will cover safe operation and routine/preventative maintenance. The bidder shall supply training upon request by the ordering

District after delivery and acceptance of equipment. The bidder shall supply all training materials.

a. Further detailed training requirements are specified in the the Oil Distributor specs attached to this soliciation under Section 3.7 OPERATOR TRAINING.

3.6 IFB Questions

3.6.1 Vendors and their agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all their questions or comments regarding the IFB, the evaluation, etc., to the buyer of record of this IFB. Vendors and their agents may not contact any other state employee regarding any of these matters during the solicitation and evaluation process.

Inappropriate contacts are grounds for suspension and/or exclusion from specific procurements.

Vendors and their agents who have questions regarding this matter should contact the buyer of record.

a. Questions and issues relating to the IFB must be directed to the buyer. It is preferred that questions be emailed to the buyer at ryan.reed@modot.mo.gov.

3.6.2 Upon the Division of Purchasing’s consideration of questions and issues, if the Division of

Purchasing determines that changes are necessary, the resulting changes will be included in a subsequently issued IFB addendum(s); absence of such response indicates that the questions and issues were considered but deemed unnecessary for a IFB addendum as the questions and issues did not provide further revision or clarity to the IFB or that time was not available to provide a response. All vendors will be advised of any change to the IFB’s language, specifications, or requirements by a formal addendum to the IFB. There will be no posted written records of the questions/communications (i.e., formal question/answer document).

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

3.7 Diesel Fuel Requirements

In accordance with RSMo 414.365, MoDOT must use fuel with at least the biodiesel content of B-

20. (http://www.moga.mo.gov/statutes/C400-499/4140000365.htm) By submitting a response to this bid, you agree to comply with all the terms of your company's standard equipment warranties, except to the extent the equipment problems are determined to be attributed to MoDOT’s use of B-

20 fuel.

http://www.moga.mo.gov/statutes/C400-499/4140000365.htm

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CONTRACT REQUIREMENTS

4.1 Original Contract and Renewals Period

4.1.1 Notification of contract award will be at the time the final bid tabulation is posted on the

MissouriBUYS. It is the sole responsibility for all bidders to check the website for bid results.

4.1.2 The contract for Oil Distributor shall commence from contract award until September 30, 2024 with two (2) one-year renewal option periods. If the option for renewal is exercised by

MoDOT, the Contractor shall agree to all terms and conditions of the request and all subsequent amendments. Additionally, in the event MoDOT exercises its option to renew the contract, the requirements for future months shall remain the same. The contractor shall understand and agree

MoDOT does not automatically grant a price increase at the time of renewing the contract. In the event a price increase is granted due to an approved escalation, the renewal shall be based upon the current contract value.

If a price increase is requested at the time of renewal, Contractors shall supply the following:

a. If a price increase is being requested, an equipment price or cost analysis will need to be submitted.

b. If a price increase is being requested, a price increase justification letter will need to be submitted.

4.2 Escalation Clause

4.2.1 In the event the Contractor requests a price increase during the contract period (original contract period or contract renewal period), the Contractor must provide a written request and documentation justifying the need for a price increase, and the amount of such price increase.

MoDOT will review the Contractor’s written request and documentation and decide if a price increase is to be granted. The Contractor shall understand and agree, MoDOT's decision shall be final and without recourse.

a. No price increase shall be granted during the first six (6) months of the original contract period, or if applicable, first six (6) months of a contract renewal or escalation.

BID SUBMISSION INFORMATION

5.1 Required Information

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5.1.1 The Bidder shall submit the following with the bid:

a. Completed and signed Exhibit forms:

Exhibit N - Buy America Form

Exhibit M - Anti-Discrimination Against Israel Act Certification

b. Descriptive literature and specifications showing the exact product being bid.

i. MoDOT retains the option…