IFB605CO23000330_Jan_20_25_solicitation_doc.pdf

Solicitation Number: IFB605CO23000330

Polyethylene Trash Bags - Statewide

MoDOT Invitation to Bid (IFBR)

MoDOT - Dept of Transportation

December 23, 2022 - January 06, 2023

Page:2

General Header Information

IFB605CO23000330

No. IFB605CO23000330 Title: Polyethylene Trash Bags - Statewide Start Date: December 23, 2022 at 2:00:00 PM CST End Date: January 06, 2023 at 2:00:00 PM CST Vendor Q&A Start Date:

Vendor Q&A End Date:

Estimated Total Value:

Who can respond to this bid? : All Vendors Description: The Invitation for Bid (IFB) seeks bids from qualified vendors to provide

Polyethylene Trash Bags, to the Missouri Highways and Transportation Commission (MHTC) and Missouri Department of Transportation (MoDOT), in accordance with the provisions and requirements stated herein. The contract period is from Date of Award through December 31, 2023, with four (4) additional one-year renewal periods. MoDOT will receive bids electronically, via mail, UPS, or FEDEX. It is required the bidder contact the buyer of record via email at Lori.Tackett@modot.mo.gov, if the bidder intends to submit a hard copy bid. Bids will not be accepted by email.

Delivery Terms: Free On Board Destination Payment Terms: Net 30 Days Contact Information: MoDOT - Dept of Transportation

Lori Tackett 830 MoDOT Drive Jefferson City MO, 65109 United States Tel: 573-522-9481 Fax: 573-526-1218 Lori.Tackett@modot.mo.gov

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

Lori Tackett 830 MoDOT Drive Jefferson City MO, 65109 United States Tel: 573-522-9481 Fax: 573-526-1218 Lori.Tackett@modot.mo.gov

Selected Categories:

Page:3

Header Custom Fields:

IFB605CO23000330

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.

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.

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

Page:4

Solicitation Requirements:

IFB605CO23000330

MoDOT Instructions for Submitting a Response

Instructions for Submitting a Response

Page:5

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

Page:6

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. Solicitation Authority

The solicitation for the procurement of supplies or services referenced therein, the Standard Bid Provisions, General Terms and Conditions and Special Terms and Conditions, is 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 provisions governing solicitation, receipt of bids/quotes, and award of the contract.

1.2 Bids / Quotes to be Submitted by Officer or Employee

Page:7

All bids/quotes must be submitted by an authorized representative of the firm. Obligations assumed by such submission must be fulfilled.

1.3 MHTC Rights Reserved

Work is to be performed under the general supervision and direction of MoDOT. If awarded, the Contractor agrees to furnish any and all equipment, supplies and/or services specified in the solicitation, at the prices quoted, pursuant to all requirements and specifications contained herein.

1.4 Personal Privacy Protection Act Notification

MHTC and MoDOT comply with all provisions in the Personal Privacy Protection Act found in section 105.1500, RSMo, and follow practices to keep confidential and sensitive information secure. Bidders acknowledge that submission of information is voluntary and that MHTC is not asking or requiring the submission of “personal information” as defined in the act. By submitting a bid, Bidders and Contractors agree to not to bring a suit against MHTC, or any employees, under section 105.1500, RSMo.

MoDOT IFB GENERAL TERMS AND CONDITIONS

2.1 Definitions

Page:8

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

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

Page:9

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

Page:10

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

https://missouribuys.mo.gov/

Page:11

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

Page:12

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 MHTC 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. All vendors may view the same bid response information on the MissouriBUYS Statewide eProcurement

System. MHTC will not provide prices or other bid information via the telephone.

2.8.1. Bids which are not received in the MHTC 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.

2.9 Evaluation and Award

https://missouribuys.mo.gov/

Page:13

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).

Page:14

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

Page:15

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

Page:16

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. Additionally, section 226.090 prohibits any member of the

Highways and Transportation Commission, engineer, or other person appointed or employed by the commission from having any direct or indirect pecuniary interest in, or acting as agent for, the sale of road or bridge building material, equipment, tools, machinery or supplies.

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

Page:17

2.23.1 If the contractor meets the definition of a company as defined in section 34.600, RSMo, and has ten or more employees, the contractor shall not engage in a boycott of goods or services from the State of Israel; from companies doing business in or with Israel or authorized by, licensed by, or organized under the laws of the State of Israel; or from persons or entities doing business in the State of Israel as defined in section 34.600, RSMo.

2.23.2 If the contractor meets the definition of a company as defined in section 34.600, RSMo, and the company’s employees increases to ten or more during the life of the contract, then the contractor shall submit to the MHTC a completed Box C of the exhibit titled, Anti-Discrimination

Against Israel Act Certification, and shall comply with the requirements of Box C.

2.23.3 If during the life of the contract, the contractor’s business status changes to become a company as defined in section 34.600, RSMo, and the company has ten or more employees, then the contractor shall comply with, complete, and submit to the MHTC a completed Box C of the exhibit titled, Anti-Discrimination Against Israel Act Certification.

2.24 The Domestic Products Procurement Act

Page:18

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

3.3 Subcontracting

It is specifically understood that no portion of the material or any interest in the contract, shall be subcontracted, transferred, assigned or otherwise disposed of, except with the written consent of MHTC.

Request for permission to subcontract or otherwise dispose of any part of the work shall be in writing to

MHTC and accompanied by documentation showing that the organization which will perform the work is particularly experienced and equipped for such work.

3.3.1. Consent to subcontract or otherwise dispose of any portion of the work shall not be construed to relieve the Contractor of any responsibility for the production and delivery of the contracted work and the completion of the work within the specified time.

3.3.2. All payments for work performed by a subcontractor shall be made to the Contractor to whom the contract was awarded and the purchase order issued.

Page:19

3.12 General Services Specifications (MGS)

All materials, equipment, and/or services bid must comply with the attached General Services Specification

(MGS) MGS-90-06 Polyethylene Bags and any other provisions outlined in the solicitation documents. The material to be supplied shall comply with the quality requirements of the current edition of the Missouri

Standard Specifications for Highway Construction and any revisions thereto, unless modified by these specifications.

3.14 Increase or Decrease Quantities

The quantities listed are MoDOT's best estimate of needs at the time of the solicitation posting. MoDOT reserves the right to increase or decrease quantities. The final quantity ordered by MoDOT shall be furnished at the unit price bid.

4.0 SCOPE OF WORK - REQUIREMENTS AND

SPECIFICATIONS

4.1 Introduction

4.1.1. The Invitation for Bid (IFB) seeks bids from qualified vendors to provide Polyethylene Trash

Bags, to the Missouri Highways and Transportation Commission (MHTC) and Missouri Department of Transportation (MoDOT), in accordance with the provisions and requirements stated herein.

4.1.2. Original Contract Period - The original contract period shall commence from Date of Award through December 31, 2023.

4.1.3. Renewal Period - MoDOT has the right, at its sole option and in its sole discretion, to extend the contract period for up to four (4) additional one-year periods, or any portion therein. If the option for renewal is exercised by MoDOT, the bidder shall agree to all terms and conditions of the IFB and all subsequent amendments.

4.1.3.1. 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. See Section

4.3.2. Escalation Clause.

4.2 Specifications and Logo

4.2.1. Refer to the attached MGS-90-06R Polyethylene Bags specifications for information regarding the trash bags. See ATTACHMENT A - Logo for Type II Yellow Bags for a representative sample of the logo for the Type II bags. The “camera ready” logo will be provided to the Contractor upon award of the contract.

4.3 Prices and Quantities

Page:20

4.3.1. Prices submitted by the Bidder must remain firm for the period starting January 1, 2023 through June 30, 2023.

4.3.2. 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.

4.3.2.1. 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.

4.3.2.2. No price increase shall be granted on goods or services already obligated by a Purchase

Order or State issued P Card.

4.3.3. MoDOT does not guarantee any specific quantities to be provided to the contractor.

4.4 Purchase Order Date and Delivery Information

4.4.1. The initial order quantities from MoDOT's various statewide locations will be issued to the contractor for receipt by the contractor on or before January 31, 2023.

4.4.2. The bids shall be quoted with delivery F.O.B throughout the state of Missouri. The delivery location will be provided to the contractor at time of order. Contractor agrees to furnish and deliver any or all the items on which prices were quoted on or before March 15, 2023. Orders received by the contractor after January 31, 2023 will be delivered by the contractor to the location noted on the purchase order within 45 days after receipt of the purchase order.

4.4.3. The contractor shall deliver Polyethylene Trash Bags, as specified herein, to all district facilities and maintenance facilities within the seven (7) MoDOT districts located throughout the state as identified by each order. See ATTACHMENT B, MoDOT District Map.

4.4.4. In the event the contractor does not expect to meet the contract delivery date and time requirements, the ordering district should be notified of the delay.

4.5 Packaging and Palletizing

Page:21

4.5.1. The bags are to be packaged in rolls with the minimum number of bags per roll as noted in the pricing section of this bid.

4.5.2. Bids for trash bags packaged in boxes, instead of rolls, will not be considered.

4.5.3. The bag containers on each pallet, at a minimum, shall be covered with shrink wrap and/or banding drawn tautly around the pallet.

4.5.4. The trash bag containers shall be stacked on the pallet so that cutting away the shrink wrap and/or banding does not result in the bag containers falling off the pallet.

4.5.5. The trash bag containers shall be delivered on pallets that can be lifted and moved with fork trucks.

4.5.6. The minimum dimension for the pallets should be no smaller than 27” wide (standard size for hand pallet jack).

4.6 Samples

4.6.1. MoDOT reserves the right to request a sample of the product from the bidders if deemed necessary before award of bid. Bidder will have five (5) working days, from date of request, to provide samples. Samples shall be furnished to MoDOT at no charge, will not be returned and will become the property of MoDOT. Failure to submit the sample, as requested, may be cause for bidder disqualification.

4.6.1.1. If samples are submitted with bid, they must meet the attached MGS-90-06R Polyethylene

Bags specifications in all respects, including size, color and materials. However, any samples submitted with the bid will not be required to have the attached representative logo printed on the bag, but will need to have some type of appropriately sized logo printed on the bag so that

MoDOT can review the logo for adherence to placement requirements. Otherwise, do not submit samples with your bid.

4.7 Compliance with Bid Requirements

Page:22

4.7.1. Failure to comply with the requirements published in this bid may result in the bid being subject to rejection. Product that does not meet specifications will cause all of the shipments to be returned at the contractor’s expense. In the event the contractor does not package the trash/liner bags in accordance with the requirements specified herein, MoDOT shall have the right to return the entire shipment to the contractor for repackaging. However, if delivery is critical as determined by MoDOT, and MoDOT elects to accept the shipment, the contractor shall be assessed liquidated damages in the amount as noted below:

Specification Parameters:

Minimum mil thickness Logo artwork (clean image, minimal spotting)

Average mil thickness (more than 1% low) Ink durability

Finished size Flat bottom seal

Logo dimensions Packaging & Palletizing

Deduction Rate Table Parameters out of

Specification

Minor 1% 1 or 2

Slight 5% 3 or 4

Moderate 15% 5 or 6

Severe 30% 7 or more

Page:23

4.7.2. In the event the quality of the printing in the trash/liner bags or the construction of the trash/liner bags either fails to comply with the printing or construction requirements specified herein, MoDOT shall have the right to reject all or part of the trash/liner bags. If requested by

MoDOT, the contractor shall reprint the trash/liner bags at no additional cost to MoDOT. However, if delivery of the trash/liner bags is critical, as determined by MoDOT, and MoDOT elects to accept the printed trash/liner bags, the contractor shall be assessed liquidated damages as noted above.

4.7.3. MoDOT shall have the final decision concerning (1) the acceptability of the printing and construction, (2) the rejection of the printing and re-printing of the trash/liner bags versus the assessment of liquidated damages, and (3) the amount of the liquidated damages.

4.7.4. The contractor shall further understand and agree that such liquidated damages shall either be deducted from the total amount due the contractor or paid by the contractor as a direct payment to MoDOT, at the sole discretion of MoDOT. The contractor shall understand and agree that all assessments of liquidated damages shall be within the discretion of MoDOT and shall be in addition to, not in lieu of, the rights of MoDOT to pursue other appropriate remedies.

4.7.5. The contractor shall understand that the liquidated damages described herein shall not be construed as a penalty.

4.8 Award

4.8.1. The contract will be awarded to the lowest responsive Bidder determined as specified below and as determined to be in the best interests of MoDOT:

4.8.1.1. Award will be made for line item 001 or line item 002, but not both line items.

4.8.1.2. MoDOT reserves the right to make multiple awards.

4.8.1.3. MoDOT reserves the right to make an “All or None” award, based on the total lowest price submitted by one (1) Bidder for the following line items:

Items 001, 003, 004, and 005 as one (1) award or

Items 002, 003, 004, and 005 as one (1) award.

4.8.1.4. In the event of tie low bids, MoDOT reserves the right to establish the method to be used in determining the award.

4.8.1.5. MoDOT reserves the right to reject any or all bids, and no award is final until formally approved.

Page:24

Questionnaire:

IFB605CO23000330

Cooperative Procurement Description: The Department is interested in assisting Missouri counties, cities, special road districts, etc. in purchasing equipment, various materials and supplies that meet the Missouri Department of Transportation specifications. It is understood MHTC will not issue purchase orders, accept delivery nor make payment for these items ordered by any of these agencies. It is further understood the price is based on meeting the Department specifications. Any added options, deletions, or extra freight costs would be negotiated between the local agency and the successful vendor. If the response is “No” to the first question, simply respond "N/A" in any additional required response fields below.

1.Is your firm willing to offer such cooperative purchasing for Missouri counties, cities or other political entities?

Type YES/NO Is Required Y

2.If the price varies throughout the state because of different delivery destinations, please indicate the price FOB Shipping Point.

Type TEXT Is Required Y

3.Indicate the deadline date orders…