MDC 0000000107SL_3_SUPPLIER.pdf

INVITATION FOR BID (IFB) MDC 0000000107SL,3

If you have any questions, please contact:

Procurement Entity State of Missouri

Buyer LISA LARIVEE Location

Phone Fax

E-mail Lisa.Larivee@mdc.mo.gov

State of Missouri

Missouri Department of Conservation

RESPONSES ARE DUE NO LATER THAN: December 19, 2025, AT 2:00 PM CENTRAL TIME

Responses are preferred to be submitted electronically via MissouriBUYS, powered by MOVERS. If bid response preference is by US mail, please contact Buyer of Record.

Original contract period shall be Date of Award through One (1) Year

ATTENTION:

1. After reviewing the solicitation, the supplier must complete and return all necessary exhibits.

2. Due to lead times for obtaining the information needed to complete the various Business Compliance

Exhibits herein as explained in the solicitation's Supplier Response Exhibits, suppliers are encouraged to IMMEDIATELY begin securing these verifications.

3. The supplier must be registered in MissouriBUYS, powered by MOVERS) to be considered for contract award.

INSTRUCTIONS:

1. From the Table of Contents on the left-hand side of this screen, navigate to the Contract Terms section and click the Download Contract button to review the solicitation terms in its entirety.

2. Navigate to the Lines and Requirements sections to review and download any available attachments.

3. Click Create Response to enter your response.

Table of Contents

1 Overview

1.1 General Information

1.2 Schedule

1.3 Additional Information

1.4 Solicitation Controls

1.5 Terms

1.6 Attachments

2 Requirements

2.1 Section 1. Organization for the Blind/Sheltered Workshop and Service-Disabled Veteran Business Enterprise (SDVE) Participation Commitment

2.2 Section 2. State of Missouri Tax Compliance

2.3 Section 3. Secretary of State Registration or Exemption

2.4 Section 4. Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization

2.5 Section 5. Anti-Discrimination Against Israel Act Certification

2.6 Section 6. Employee/Conflict of Interest

3 Lines

3.1 Line Information

3.2 Line Details

3.2.1 Line 1

4 Contract Terms

1 Overview

1.1 General Information

Title Deer Processing Qualified Vendors List (SDA 530-0011)

Synopsis Deer processing services for the Missouri Department of Conservation during Chronic Wasting Disease Winter targeted removal operations.

Amendment Date 12/11/2025 4:09 PM Amendment Description updated attachment and due date extension

Buyer LISA LARIVEE Outcome Blanket Purchase Agreement

E-Mail Lisa.Larivee@mdc.mo.gov

1.2 Schedule

Close Date 12/15/2025 2:00 PM Open Date 11/10/2025 12:00 PM Time Zone Central Time

1.3 Additional Information

Pre-Bid/Pre-Proposal Conference Date and Time 00+00:00

Pre-Bid/Pre-Proposal Conference Location Tour Date and Time 00+00:00

Tour Location Tour Contact Name

Tour Contact Phone # Tour Contact Email

1.4 Solicitation Controls

Response Visibility Sealed

Lines Settings Rank Indicator No indicator displayed

Ranking Method Price only

1.5 Terms

Agreement Start Date Agreement End Date Agreement Amount

(USD)

Minimum Release

Amount (USD) Payment Terms Net 45 Freight Terms

Shipping Method FOB Solicitation Currency USD (US Dollar)

Price Precision 2

1.6 Attachments

File Name or URL Type Description Updated Attachment.pdf File CWD Operational Centers and contact information Attachment 2.pdf File Deer Condition Report Card

2 Requirements *Response is required

2.1 Section 1. Organization for the Blind/Sheltered Workshop and Service-Disabled Veteran Business Enterprise (SDVE) Participation Commitment

*1. If the supplier is committing to participation by or if the supplier is qualified as an organization identified below, the supplier must provide the required information in the field(s) on the exhibit for the organization(s) proposed.

Organization for the Blind/Sheltered Workshop

• The services performed or the products provided by the listed Organization for the Blind/Sheltered Workshop must provide a commercially useful function related to the delivery of the contractually required service/product in a manner that will constitute an added value to the contract and shall be performed/provided exclusive to the performance of the contract.

• The supplier must either be an Organization for the Blind or a Sheltered Workshop or must be proposing to utilize an Organization for the Blind/Sheltered Workshop as a subcontractor and/or supplier in an amount that must equal, at a minimum, the greater of $5,000 or 2% of the total dollar value of the contract for purchases not exceeding $10 million.

• The supplier may propose more than one Organization for the Blind/Sheltered Workshop as part of the supplier's total committed participation. However, the services performed or products provided must still meet the requirements noted herein.

Service-Disabled Veteran Business Enterprise (SDVE)

• The services performed or the products provided by the listed SDVE must provide a commercially useful function related to the delivery of the contractually required service/product in a manner that will constitute an added value to the contract and shall be performed/provided exclusive to the performance of the contract.

• The supplier must either be an SDVE or must be proposing to utilize an SDVE as a subcontractor and/or supplier that provides at least three percent (3%) of the total contract value.

• The supplier may propose more than one SDVE as part of the supplier's total committed participation. However, the services performed or products provided must still meet the requirements noted herein.

Select all that apply:-

a. Organization for the Blind/Sheltered Workshop

b. Service-Disabled Veteran Business Enterprise (SDVE)

c. None

Respond to the following requirements if you selected option a. for requirement 1.

*1.a.1. Provide the name of the Organization for the Blind or Sheltered Workshop proposed and the description of products/services to be provided.

Complete and upload the attached Documentation of Intent to Participate.

Attachments:

File Name or URL Type Description Documentation of Intent to Par

File

Response attachments are required.

Respond to the following requirements if you selected option b. for requirement 1.

*1.b.1. Provide the name of the SDVE proposed and the description of products/services to be provided.

If a participating organization is an SDVE, and unless the Service-Disabled Veteran's (SDV) documents were previously submitted within the past three (3) years to the Department or to the Office of Administration, Division of Purchasing, the supplier must provide the following SDV documents:

• A copy of the SDV's Certificate of Release or Discharge from Active Duty [DD Form 214]; and

• A copy of the SDV's disability rating letter issued by the Department of Veterans Affairs establishing a service-connected disability rating, or a Department of Defense determination of service-connected disability.

Complete and upload the attached SDVE Documentation of Intent to Participate.

Attachments:

File Name or URL Type Description

SDVE

Documentation of Intent t

File

Response attachments are required.

2.2 Section 2. State of Missouri Tax Compliance

*1. In accordance with Section 34.040.7, RSMo, the Department is precluded from contracting with a supplier or its affiliate who makes sales at retail of tangible personal property or for the purpose of storage, use, or consumption in this state but fails to collect and properly pay the tax as provided in Chapter 144, RSMo.

In order to verify the supplier's State of Missouri tax compliance with the Missouri Department of Revenue (DOR), the supplier must provide a "Vendor No Tax Due" certificate issued by DOR prior to award. By providing the "Vendor No Tax Due" certificate, the supplier is verifying the supplier is either registered to collect sales and/or use tax in Missouri or is not making retail sales of tangible personal property or providing taxable services in Missouri.

The DOR will issue the "Vendor No Tax Due" certificate if the supplier is properly registered to collect and have properly remitted sales and/or use tax or if the supplier is not making retail sales in Missouri.

How to Obtain a "Vendor No Tax Due" Certificate

• A "Vendor No Tax Due" certificate can be obtained from the Missouri Department of Revenue when a business pays all of its sales/use tax in full, up to date, does not have a sales tax delinquency, or does not sell tangible personal property in Missouri.

• If taxes are due, depending on the payment history of the business, a cashier's check or money order may be required for payment before a "Vendor No Tax Due" certificate can be issued.

• A "Vendor No Tax Due" certificate can be obtained by completing and submitting the Request for Tax Clearance, Form 943, to the Missouri Department of Revenue, Division of Taxation & Collection. This form is available at http://dor.mo.gov/forms/943.pdf. Make sure to select the appropriate "Reason for Request' on page 2 of the form.

• For assistance, call (573) 751-9268 or email taxclearance@dor.mo.gov. Additional information regarding Section 34.040.7, RSMo, is available on the Department of Revenue's website at http://dor.mo.

gov/business/sales.

NOTE: Make sure to request a "Vendor No Tax Due" certificate as there are other similar tax clearance forms that do not meet this verification requirement. The steps to obtain a "Vendor No Tax Due" certificate is outlined at https://dor.

mo.gov/taxation/business/tax-types/sales-use/hb600.html.

"Vendor No Tax Due" certificate is attached.

Select one of the following:-

a. Yes(Response attachments are required)

b. No

Respond to the following requirements if you selected option b. for requirement 1.

*1.b.1. Enter date Form 943 was submitted to DOR.

2.3 Section 3. Secretary of State Registration or Exemption

*1. In accordance with Section 351.572, RSMo, the supplier must be properly registered with the Missouri Secretary of State or identify how the supplier's business is exempt from registering with the Missouri Secretary of State.

In order to verify the supplier is properly registered with the Missouri Secretary of State, the supplier must either be:

http://dor.mo.gov/forms/943.pdf http://dor.mo.gov/business/sales.

http://dor.mo.gov/business/sales.

https://dor.mo.gov/taxation/business/tax-types/sales-use/hb600.html.

https://dor.mo.gov/taxation/business/tax-types/sales-use/hb600.html.

• properly registered with the Missouri Secretary of State at time of bid submission or prior to contract award, or

• must identify how the supplier's business is exempt from registering with the Missouri Secretary of State.

NOTE: For any questions regarding Secretary of State registration, suppliers should go to https://www.sos.mo.

gov/business/startBusiness.asp or call 866-223-6535, Monday through Friday, 8:00 a.m. to 5:00 p.m., Central Time, excluding state holidays.

Complete and upload the attached exhibit and enter "Complete" in the text box below.

Attachments:

File Name or URL Type Description Secretary of State Registration

File

Response attachments are optional.

2.4 Section 4. Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization

*1. Pursuant to section 285.530, RSMo, if the supplier meets the section 285.525, RSMo, definition of a "business entity" (Section: 285.0525 Definitions. RSMO 285.525), the supplier must affirm the supplier's enrollment and participation in the E-Verify federal work authorization program with respect to the employees hired after enrollment in the program who are proposed to work in connection with the services requested herein. The supplier should complete applicable portions of the Business Entity Certification, Enrollment Documentation, and Affidavit of Work Authorization. The applicable portions must be submitted prior to an award of a contract.

If completed portions of documentation are available, upload documentation and enter "Completed" in the field below.

If completed portions of documentation are not yet available, enter "Pending" in the field below.

Attachments:

File Name or URL Type Description Business Entity Certification, File

Response attachments are optional.

2.5 Section 5. Anti-Discrimination Against Israel Act Certification

*1. Complete and upload the attached exhibit and enter "Complete" in the text box below.

Attachments:

File Name or URL Type Description Anti-Discrimination Against Is

File https://www.sos.mo.gov/business/startBusiness.asp https://www.sos.mo.gov/business/startBusiness.asp http://revisor.mo.gov/main/OneChapter.aspx?chapter=285

Response attachments are required.

2.6 Section 6. Employee/Conflict of Interest

*1. Complete and upload the attached exhibit and enter "Complete" in the text box below.

Attachments:

File Name or URL Type Description Employee Conflict of Interest.

File

Response attachments are required.

3 Lines Instructions The supplier shall provide a price for each of the following for providing the deer processing services required in accordance with the provisions and requirements stated herein. The supplier shall provide firm, fixed prices for the original contract period and maximum prices for each renewal period. All costs associated with providing the required services, including processing and storage, shall be included in the stated price(s).

3.1 Line Information

Line Estimated Quantity

UOM Response Price

Line Amount

Response Minimum

Release Amount

1-Deer Processing Services

EAC

H

Enter in the Cost Factors Table below

3.2 Line Details

3.2.1 Line 1 Deer Processing Services

Category Name 73131600 - MEAT

AND POULTRY

AND SEAFOOD

PROCESSING

Item Revision Allow Alternate Lines No

Target Minimum Release Amount (USD)

Start Price (USD)

Cost Factors It is required for you to enter a response value for the cost factors in the table.

Cost Factor Description Pricing Basis Target Value Response Value

LINE PRICE INDIVIDUAL COST

OF THE SOURCED

PRODUCT OR

SERVICE WITHOUT

ADDITIONAL COST

COMPONENTS SUCH

AS FREIGHT, TAX,

OR INSURANCE

Per unit

1st

RENEWAL

FIRST RENEWAL Per unit

2nd

RENEWAL

SECOND RENEWAL Per unit

4 Contract Terms

Contract Terms and Conditions

Purpose Titles Background and Historical Usage Information Current and/or Previous Contract Information State Expenditures IFB Questions Scope of Work General Requirements Contractor's Obligation Use of Subcontractors Assignment of Contract Amendments Applicable Laws Contractor's Qualifications Estimated Quantities Deer Processing Services Share The Harvest Program Utilization of Qualified Vendors List Schedule of Services Department's Option to Add/Remove Areas Invoicing and Payment Requirements Terms and Conditions Applicable Laws and Regulations Non-Discrimination and Affirmative Action Americans with Disabilities Act Anti-Discrimination Against Israel Act Contractor Requirements Authorized Personnel/E-Verify Business Registration Data Breach Elected or Appointed Officials and Employees Hazard Communication Safety Data Sheets and Labeling Requirements Indemnification Legal Proceedings Federal Funds Requirements Invoicing and Payment Non-Appropriation of Funds Work Outside the United States Open Records Protests Records Access State Preferences Taxes General Contractual Requirements Contract Governance Supplier's Response Binding Notice of Award Contract Amendment Contract Period Renewal Options Contract Pricing

Renewal Pricing Termination for Convenience Cancellation for Breach of Contract Incoming and Outgoing Transition Contract Assignment Contractor Liability Insurance Single Point of Contact and Responsibility Contractor Status Subcontractors Participation by Other Organizations Substitution of Personnel Coordination Property of State Inventions, Patents, and Copyrights Confidentiality and Security Documents Force Majeure Actions, Suits, or Proceedings Warranties and Representations Conflict of Interest Remedies and Rights Communications and Notices Survivability of Terms Supplier Submission, Evaluation, and Award Information Bid Submission Overview Preparation of Bid Compliance with Requirements, Terms, and Conditions Foreign Suppliers Solicitation Response Submission Options Hard Copy Submission of Solicitation Response On-Line Submission of Solicitation Response Bid Opening Award Determination Compliance Review Business Compliance Requirements Clarifications and Corrections The Domestic Products Procurement Act Organization for the Blind and Sheltered Workshop Participation Prerequisites Organization for the Service-Disabled Veteran Business Enterprises (SDVEs) Preference Prerequisites

Purpose

This document constitutes an invitation for competitive bids for the Missouri Department of Conservation (hereinafter referred to as "Department") in accordance with the requirements and provisions stated herein.

Titles

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

Background and Historical Usage Information

The Missouri Department of Conservation's mission is to protect and manage the fish, forest, and wildlife resources of the state, to serve the public and facilitate their participation in resource management activities, and to provide opportunities for all citizens to use, enjoy and learn about fish, forest, and wildlife resources.

Current and/or Previous Contract Information

A current contract for services being obtained via this IFB.

a. A copy of the contract many be obtained by contacting the buyer of record.

State Expenditures

1. Accuracy of Background Information

Although an attempt has been made to provide accurate and up-to-date information, the Department does not warrant or represent that the background information provided herein reflects all relationships or existing conditions related to this Invitation for Bid.

IFB Questions

1. Buyer is Single Point of Contact for Solicitation

The supplier and the supplier's agents (including subcontractors, employees, consultants, or anyone else acting on their behalf) must direct all questions or comments regarding the IFB, the solicitation process, the evaluation, etc., to the buyer of record indicated on the first page of this IFB. Suppliers and their agents who have questions regarding this matter should contact the buyer. It is preferred that questions be emailed to the buyer.

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

2. Supplier is Responsible for Asking Questions Regarding the IFB

It is the supplier's responsibility to ask questions, request changes or clarifications, or otherwise advise the Department if the supplier believes that any language, specifications, or requirements are: (1) ambiguous, (2) contradictory or arbitrary, (3) violate any state or federal law or regulation, (4) restrict or limit the requirements to a single source, or (5) restrict or limit the supplier's ability to submit a bid.

3. Supplier Questions Deadline

All questions and issues should be submitted at least five (5) business days prior to the return date of the bid. If not received prior to five (5) business days before the bid return date, the Department may not be able to fully research and consider the respective questions or issues.

4. Department's Response to Supplier Questions

Upon the Department's consideration of questions and issues and if the Department determines that changes are necessary, the resulting changes will be included in a subsequently issued IFB amendment(s); absence of such response indicates that the questions and issues were considered but deemed unnecessary for IFB amendment. All suppliers will be advised of any change to the IFB's language, specifications, or requirements by a formal amendment to the IFB. There will be no posted written records of the questions/communications (i.e., formal question/answer document).

5. IFB is Department's Only Official Position

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

Scope of Work

General Requirements

The contractor shall provide deer processing services for the Missouri Department of Conservation in accordance with the provisions and requirements stated herein and to the sole satisfaction of the Department.

Contractor's Obligation

Unless otherwise specified herein, the contractor shall provide all tools, equipment, materials, labor, supervision, and supplies necessary to perform the services herein.

Use of Subcontractors

The contractor shall not engage or use the services of subcontractors in performing the contract unless the contractor obtains prior written approval from the Department. Any subcontractors used in conjunction with this agreement shall be bound to the same requirements placed on the contractor.

Assignment of Contract

This contract may not be assigned in whole or in part by the contractor without written consent of the Department.

Amendments

The contractor shall agree that this agreement shall not be amended or modified except in writing and signed by all parties of the original agreement.

Applicable Laws

The contractor agrees to comply with all applicable laws of the State of Missouri.

This contract shall be interpreted in accordance with the laws of the State of Missouri. It is mutually agreed that the venue for any cause of action regarding this contract shall be the Circuit Court of Cole County, Jefferson City, Missouri.

Contractor's Qualifications

The contractor shall be a licensed and inspected meat processor. The contractor shall provide documentation of compliance upon request by the Department.

Estimated Quantities

The quantities indicated in this IFB are estimates that pertain to the total aggregate quantities that may be ordered incrementally at multiple times throughout the stated contract period. The estimates do not indicate single order amounts unless otherwise stated. The Department makes no guarantee about single order quantities or total aggregate order quantities.

Deer Processing Services

1.

The contractor shall understand and agree that the Department has the right to monitor or inspect the activities of the contractor to ensure the requirements of the contract are being met. As the work of the contractor progresses, advice and information on matters covered by the contract shall be made available by the contractor to the Department's representative as designated by region (See Attachment 1).

2.

The contractor and the Department shall mutually agree that the Department shall have the ability to deliver and secure deer in the storage facility after the normal business hours of the facility and shall have access to the storage facility twenty-four (24) hours a day, seven (7) days a week, throughout the operation period unless the contractor and the Department mutually agree in writing that this access is not needed.

3.

The contractor shall process whole, field-dressed deer delivered by the Department within three (3) weeks after delivery. The contractor shall process deer in accordance with all health and safety standards and regulations of the Missouri Department of Agriculture, the Missouri Department of Conservation, the United States Department of Agriculture, and Missouri's Share the Harvest Program.

4.

The contractor shall process each whole deer individually by skinning, deboning, grinding, and securely packaging the deer in one (1) to two (2) pound bags provided by the Department, in accordance with all health and safety standards and regulations of the Missouri Department of Agriculture and the United States Department of Agriculture. The bags must be clearly labeled with the color and number from the tag affixed to the deer at delivery by the Department so that meat can be easily traced to a specific, individual deer. The Department will provide labels for boxes containing meat for Share the Harvest during transport.

5.

Meat yield should be around 35% of the dressed body weight. If a processed deer yields less than 80% of the edible meat specified herein, the contractor must provide written justification in the form of the Department's Deer Condition Report Card (See Attachment 2).

6.

The contractor shall safely and securely store deer and processed meat in accordance with all health and safety standards and regulations of the Missouri Department of Agriculture and the United States Department of Agriculture until the processed meat is picked up by the Department. Although the Department cannot guarantee the exact length of time storage is required, storage of each deer, or processed meat package thereof, is not expected to exceed six (6) weeks from the date the last deer was delivered.

7.

Carcass Disposal – The contractor must dispose of all deer carcasses in a sanitary landfill or waste transfer station regulated by the Missouri Department of Natural Resources.

a. The contractor shall be responsible for all permits, fees, and expenses related to the disposal of deer carcasses.

8. The contractor shall agree and understand that if the contractor provides substandard, deficient, or incomplete services, without written justification, or if the contractor's written justification cannot be verifiable via the Department's Deer Condition Report Card, the Department may cancel the contract as described in the Cancellation of Contract provisions included within the attached Terms and Conditions. The contractor shall understand and agree that the Department shall be the final judge as to what constitutes a substandard, deficient, or incomplete service. Any such determination by the

Department shall be final and without recourse.

Share The Harvest Program

1.

Missouri's Share the Harvest Program donates surplus venison to those in need. This program is administered by the Conservation Federation of Missouri and the Department.

2. The Conservation Federation of Missouri (CFM) may pay a portion of the processing cost for deer donated to Missouri's Share the Harvest program. The Department shall not be invoiced for any portion paid by CFM.

Utilization of Qualified Vendors List

An evaluation of cost shall be conducted in the following manner:

a. Cost shall equal the amount bid per deer for receiving, processing, tagging, and storage, of each deer, plus the Department's estimated cost to transport each deer as specified below to the contractor's processing facility.

b.

Transportation cost per deer shall be calculated at sixty-five and one-half (65.5) cents per mile, round trip, from the removal respective CWD Operational Centers to the contractor's processing facility and back to the CWD Operational Centers, plus the estimated amount to be paid to one employee making the delivery and returning to the CWD Operational Centers. The hourly rate paid to the employees shall be calculated at $15.00 per hour. The online mapping service, "Google Maps," shall be used to determine the distance and travel time to and from the contractor's processing facility.

Example of Cost Calculation: Contractor bids one-hundred dollars ($100.00) to receive process, tag and store one deer.

c. The distance, as shown by "Google Maps," from the Northeast Regional Office to the contractor's processing facility is ten (10) miles. The round-trip cost shall be calculated at twenty (20) miles multiplied by sixty five and one-half (65.5) cents per mile, equaling thirteen dollars and ten cents ($13.10), plus the cost of the employee's salary to make the delivery at fifteen dollars ($15.00) per hour.

If the time estimated by "Google Maps" navigating tool to make the ten (10) mile trip is fifteen (15) minutes, the round trip time shall be calculated at thirty (30) minutes multiplied by fifteen dollars ($15.00) an hour, or seven dollars and fifty cents ($7.50)

For evaluation of Cost, the amount bid of $100.00, plus the cost of mileage, $13.10, plus the cost of the employee's salary, $7.50, equals a cost of $120.60 per deer. The number of deer taken in one trip will also be considered when determining the lowest cost vendor to take the deer to.

d. Utilizing the total cost determined from above, cost points shall be determined using a scale of 200 possible points and the following formula:

Lowest Responsive Price X 200 = Cost score points Compared Price

Schedule of Services

Once contract is awarded, staff will contact the contractor and provide details of schedule of services.

Department's Option to Add/Remove Areas

The Department may add or remove areas or change the priority of work areas during the contract period. If the Department requests addtional services on areas, the days and times of services shall be mutually agreed upon. The prices stated on the Pricing Page shall remain in effect for any additions and/or changes in work areas or priorities throughout the contract period.

Invoicing and Payment Requirements

The contractor shall be paid in accordance with the firm, fixed price stated on the Pricing Page after acceptance of services by the Department.

1. Invoicing

The contractor shall submit to the Department an itemized invoice for deer processing services upon completion and acceptance of the Department's scope of work.

a. Invoices to the Department shall be sent to the appropriate Regional Department contact indicated on the Attachment.

b. Invoices to CFM shall be mailed to:

Missouri Department of Conservation

Micaela Haymaker

728 W. Main Street

Jefferson City, MO 65101

c. The contractor shall use uniquely identifiable invoice numbers to distinguish an invoice from a previously submitted invoice and shall include on the invoice the remittance address listed in the contractor's MissouriBUYS, powered by MOVERS supplier registration. The invoice number will be listed on the state's EFT addendum record to enable the contractor to properly apply state payments to invoices. The contractor must comply with all other invoicing requirements stated in the IFB.

d. The statewide financial management system has been designed to capture certain receipt and payment information. For each purchase order received, an invoice must be submitted that references the purchase order number and should be itemized in accordance with items listed on the purchase order. Failure to comply with this requirement may delay processing of invoices for payment.

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

2.

Payment

3. Payments are due upon receipt of a valid invoice, payable in thirty (30) calendar days.

All invoices for equipment, supplies, and/or services purchased by the Department shall be subject to late payment charges as provided in section 34.055, RSMo.

4. The Department does not pay state or federal taxes unless otherwise required under law or regulation.

5. The Department 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 Department's rejection and shall be returned at the contractor's expense.

6. The Department will not pay for a software component until the initiation of the implementation of that software component.

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

aspx.

Terms and Conditions

Applicable Laws and Regulations

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

Non-Discrimination and Affirmative Action

Contractors with 50 or more employees must comply with and have an affirmative action plan in accordance with Executive Order 94-03, Article XIII.

Americans with Disabilities Act

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

Anti-Discrimination Against Israel Act Contractor Requirements

a. If the contractor meets the definition of a company as defined in section 34.600, RSMo, and has ten (10) 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.

b. If during the life of the contract, the contractor's business status changes according to section 34.600, RSMo, then the contractor shall comply with, complete, and submit to the Department an updated Anti-Discrimination Against Israel Act Certification.

Authorized Personnel/E-Verify

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

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

c. The contractor shall only be required to provide the affidavits required in section 285.530.2, RSMo, to the Department on an annual basis.

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

Business Registration

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

Data Breach

If a data breach impacting the Department's data requires the Department to comply with section 407.1500, RSMo, the contractor shall assist the Department by providing to the Department any requested information held by the contractor concerning the breach and the Department's data stored in the software and services being provided as a result of the contract.

Elected or Appointed Officials and Employees

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.

Hazard Communication Safety Data Sheets and Labeling Requirements

The Department, in accordance with the revised rules and regulations of the Occupational Safety and Health Administration (OSHA) requires that all hazardous chemicals and commodities purchased by the Department be labeled with warning labels, and either contain a safety data sheet with each shipment, or the contractor otherwise shall make available a safety data sheet specific to the product available for downloading from the internet. The contractor shall ensure that the Department is informed about where to find safety data sheets for products under contract. Safety data sheet information must be compliant with OSHA's Hazard Communication Standard. Therefore, the contractor must comply with this mandatory requirement for all commodities provided under contract that contain hazardous material. The contractor's Safety Data Sheets shall comply with the OSHA uniform formatting requirements that became effective June 1, 2015, and the contractor's Safety Data Sheets shall always comply with any changes to those OSHA requirements. Failure to comply with this requirement may cause cancellation of the contract with goods returned at the contractor's expense as well as suspension from the solicitation list for future requirements.

Indemnification

Unless expressly provided by Missouri law to the contrary, pursuant to the Constitution of the State of Missouri, Article III, section 39, subsections 2 and 5, the state shall not indemnify, hold harmless, or agree in advance to defend, any person or entity.

Legal Proceedings

a. For any legal action or other proceedings, per section 27.050 and section 27.060, RSMo, the Missouri Attorney General is given the authority to represent the State of Missouri's interests. The venue for any legal proceeding relating to or arising out of the solicitation or resulting contract shall be in circuit court for Cole County, Missouri or the United States District Court for the Western District of Missouri, Central Division.

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

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

Federal Funds Requirements

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

b. The contractor must comply with the Office of Management and Budget's (OMB) implementation of section 889(b) of the National Defense Authorization Act (NDAA) of Fiscal Year 2019, Pub. L. No. 115—232, for grants and loans through the updates to section 200.216 of Title 2 of the Code of Federal Regulations (2 CFR) relating to prohibitions on the purchase of certain telecommunication and video surveillance equipment and services from specified entities.

c. The contractor shall understand and agree that the contract may involve the use of American Rescue Plan Act ("ARPA") funds. The contractor shall comply with applicable ARPA Funds Requirements, as amended by the federal government, which may include some or all of the paragraphs contained herein or other requirements identified by the federal government.

Invoicing and Payment

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

Non-Appropriation of Funds

The contractor understands and agrees that funds required to fund the contract must be appropriated by the General Assembly of the State of Missouri for each fiscal year included within the contract period. The contract shall not be binding upon the Department for any period in which funds have not been appropriated, have been withheld, or have been restricted, and the Department shall not be liable for any costs associated with termination caused by lack of appropriations or authority to spend. This includes, but is not limited to, the provisions of the Mo.

Const. Article IV, sections 23, 27, 28 and in sections 33.030 and 33.065, RSMo and 1 CSR 10-

3.010 (1)(B).

Work Outside the United States

Unless work outside the United States is prohibited by the IFB, any work performed outside of the United States for the contract must comply with Executive Order 04-09.

Open Records

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

Protests

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

Records Access

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

State Preferences

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

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

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

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

Workshops;

d. Section 34.350 to 34.359 RSMo for the Missouri Domestic Products Procurement Act.

Taxes

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

General Contractual Requirements

Contract

A binding contract shall consist of the following documents:

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

b. the most current version of the contractor's bid, Department-requested clarification responses, and contract amendment responses, and the contractor's documentation;

and

c. the Department's acceptance of the response (bid) by "notice of award".

Governance

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

b. The contractor further agrees that the language of the solicitation shall govern in the event of a conflict with the contractor's response.

Supplier's Response Binding

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

Notice of Award

A Notice of Award issued by the Department does not constitute an authorization for shipment of equipment or supplies or a directive to proceed with services. Before providing equipment, supplies, and/or services for the Department, the contractor must receive a properly authorized purchase order or other form of authorization given to the contractor at the discretion of the Department.

Contract Amendment

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

Contract Period

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

Renewal Options

The Department shall have the right, at its sole option, to renew the contract for two (2) additional one-year period(s), or any portion thereof. In the event the Department exercises such right, all terms and conditions, requirements and specifications of the contract shall remain the same and apply during the renewal period, pursuant to applicable option clauses of this document.

Contract Pricing

All prices shall be firm, fixed, and as indicated on the Pricing Pages. The Department shall not pay nor be liable for any other additional costs.

Renewal Pricing

If the option for renewal is exercised by the Department, the contractor shall agree that the prices/percentages for the renewal period shall not exceed the prices/percentages for the applicable renewal period stated on the Pricing Pages.

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

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

Termination for Convenience

The Department reserves the right to terminate the contract at any time, for the convenience of the State of Missouri, without penalty or recourse, by giving written notice to the contractor at least thirty (30) calendar days prior to the effective date of such termination. The contractor shall be entitled to receive compensation for services and supplies delivered to and accepted by the Department pursuant to the contract prior to the effective date of termination. The Department shall determine the value of any work in process, but not completed and accepted by the Department, based on the work products created and agreed to by both parties

Cancellation for Breach of Contract

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

b. If the contractor fails to cure the breach or if circumstances demand immediate action, the Department will issue a notice of cancellation terminating the contract immediately.

If it is determined the Department improperly cancelled the contract, such cancellation shall be deemed a termination for convenience in accordance with the contract.

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

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

Incoming and Outgoing Transition

1. Incoming Transition

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

2. Outgoing Transition

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

a. The contractor shall deliver, FOB Destination Freight, Prepaid and Allowed, all records, documentation, reports, data, recommendations, or printing elements, etc., which were required to be produced under the terms of the contract to the Department and/or to the Department's designee within seven (7) calendar days after receipt of the written request in a format and condition that are acceptable to the Department.

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

c. If requested by the Department, the contractor shall agree to continue providing any part or all of the services in accordance with the terms and conditions, requirements and specifications of the contract for a period of up to 180 calendar days (or 60 calendar days in the event of termination by the Department for breach) after the expiration,…